1. law, govt and politics
2. legal issues
3. legislation
4. tax laws


GOODS AND SERVICES TAX
ROYAL MALAYSIAN CUSTOMS
GENERAL GUIDE
GENERAL GUIDE
As at 16 MARCH 2015
CONTENTS
INTRODUCTION ......................................................................................................... 1
General Guide ...................................................................................................... 1
Other Related Guides ........................................................................................... 1
Other Sources of Information................................................................................ 1
SCOPE OF TAX ......................................................................................................... 2
Charge to Tax ....................................................................................................... 2
Supply of Goods or Services ................................................................................ 3
Taxable Person ..................................................................................................... 4
Business ............................................................................................................... 4
Made in Malaysia .................................................................................................. 5
REGISTRATION FOR GST ........................................................................................ 5
Liability to Register ................................................................................................ 5
Taxable Turnover .................................................................................................. 6
Calculation of Taxable Supplies for GST Registration ........................................... 6
Determination of Twelve Months Period ............................................................... 7
Effective Date of Mandatory Registration ............................................................. 8
Voluntary Registration .......................................................................................... 8
Application for GST Registration ............................................................................ 9
Registration for Transfer of Business as a Going Concern (TOGC) ................... 10
Effective Date of TOGC Registration and Deregistration .................................... 10
Registration of Persons Making Zero-rated Supplies.......................................... 10
Registration of an Agent ..................................................................................... 10
Registration of societies or similar organisations ................................................ 12
Personal representatives .................................................................................... 12
Group Registration .............................................................................................. 12
i
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Single Taxable Person........................................................................................ 14
Joint Venture ...................................................................................................... 14
Registration of Branches or Divisions .................................................................. 15
Responsibilities of a Registered Person ............................................................. 15
End of Registration ............................................................................................. 16
Cancellation of Registration ................................................................................ 17
General Information............................................................................................. 17
SUPPLY .................................................................................................................... 17
Place of Supply................................................................................................... 17
Value of Supply .................................................................................................. 19
Time of Supply.................................................................................................... 22
IMPORTED SERVICES ............................................................................................ 30
Implication of GST on Imported Services ............................................................ 30
Value of the Supply of Imported Services ........................................................... 32
Time of supply of imported services .................................................................... 32
Issuance of tax invoice not required for an imported service. ............................. 33
EXPORTED SERVICES ........................................................................................... 33
IMPORTED AND EXPORTED GOODS.................................................................... 34
Imported Goods .................................................................................................. 34
Exported Goods.................................................................................................. 35
TAX INVOICE AND RECORD KEEPING ................................................................. 36
Tax Invoice ......................................................................................................... 36
Record Keeping .................................................................................................. 44
CREDITS NOTES, DEBIT NOTES, BAD DEBT RELIEF AND ADJUSTMENTS .... 46
Credit Notes and Debit Notes ............................................................................. 46
Bad Debt Relief .................................................................................................. 47
ii
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
TAXABLE PERIOD, ACCOUNTING BASIS, FURNISHING OF RETURNS AND
PAYMENT OF TAX ................................................................................................... 49
Taxable Period ................................................................................................... 49
Accounting Basis ................................................................................................ 50
GST Return ........................................................................................................ 52
Payment ............................................................................................................. 54
GST Declaration and Payment by Non Taxable Person ..................................... 55
INPUT TAX CREDIT ................................................................................................. 55
Input Tax............................................................................................................. 55
Mechanism to Claim Input Tax ........................................................................... 56
Allowable Input Tax ............................................................................................ 56
Criteria for Claiming Input Tax ............................................................................ 56
Blocked Input Tax ............................................................................................... 57
Incidental Exempt Financial Supplies ................................................................. 60
Refund of Input Tax ............................................................................................ 61
Input Tax in Relation to Registration ................................................................... 62
Input Tax in Relation to Special Transactions and Special Schemes ................. 64
Input Tax in Relation to Own Use ....................................................................... 65
Input Tax in Relation to Change of Use .............................................................. 67
Input Tax in Relation to Accounting Basis .......................................................... 67
PARTIAL EXEMPTION ............................................................................................. 68
Partial Exemption ............................................................................................... 68
Methods of Apportionment.................................................................................. 69
Annual Adjustment ............................................................................................. 70
De Minimis Rule ................................................................................................. 70
CAPITAL GOODS ADJUSTMENT ........................................................................... 71
iii
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Capital Goods Scheme ....................................................................................... 71
Adjustment.......................................................................................................... 71
Non applicability of the adjustment ..................................................................... 71
REFUND AND REMISSION ..................................................................................... 72
Refund ................................................................................................................ 72
Remission ........................................................................................................... 74
SPECIAL TREATMENT/TRANSACTIONS .............................................................. 75
E-Commerce ...................................................................................................... 75
Vouchers, Tokens and Stamps........................................................................... 75
Employee Benefits .............................................................................................. 76
Societies and Similar Organisations ................................................................... 77
Charitable Entities .............................................................................................. 78
Transfer of Business as a Going Concern .......................................................... 78
Joint Venture Under Production Sharing Contract .............................................. 80
Repossession ..................................................................................................... 81
Auctioneer .......................................................................................................... 81
Agent .................................................................................................................. 82
Relief for Second-Hand Goods ........................................................................... 82
Warehousing Scheme ........................................................................................ 83
Flat Rate Scheme ............................................................................................... 84
Approved Trader Scheme................................................................................... 85
Approved Toll Manufacturer Scheme ................................................................. 85
Approved Jeweller Scheme ................................................................................ 86
Capital Markets................................................................................................... 87
CORPORATE SOCIAL RESPONSIBILITY .............................................................. 90
AUDIT AND ASSESSMENT ..................................................................................... 92
iv
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Objective............................................................................................................. 92
Period Covered by Audit ..................................................................................... 93
Types of Audit in GST ........................................................................................ 93
Place of Audit ..................................................................................................... 94
Responsibilities of Taxable Person..................................................................... 94
Assessment ........................................................................................................ 95
GST RULINGS .......................................................................................................... 97
Public Ruling....................................................................................................... 97
Advance Ruling .................................................................................................. 97
REVIEW AND APPEAL ............................................................................................ 98
Review and Revision .......................................................................................... 98
Appeal ................................................................................................................ 98
v
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
INTRODUCTION
General Guide
1.
This booklet is a General Guide on Goods and Services Tax (GST). It is
part of a series of educational materials made available to help businesses and
organizations prepare for GST implementation in Malaysia.
Other Related Guides
2.
Besides the General Guide on GST, industry guides are also made available
specifically to provide guidance to businesses and organizations operating in
specific industries.
Other Sources of Information
3.
GST information may also be obtained from the following:
(a)
GST Portal
Businesses
and
organizations
can
also
educational material regarding GST from
get
information
the GST
and
Portal at
gst.customs.gov.my.
(b)
Customs Call Centre
Alternatively, you can make enquiries on GST by contacting the
Customs
Call
Centre
(CCC)
at
03-78067200,
e-mailing
to
ccc@customs.gov.my or faxing to CCC at 03-78067599. The Call
Centre is open from Mondays to Fridays between 8.30 a.m. to 5.00
p.m.
(c)
GST Division
You can also contact the Customs as follows:Royal Malaysian Customs Department,
Goods and Services Tax Division,
Aras 3 & 4, Blok A, Menara Tulus,
1
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
No.22, Persiaran Perdana,
Presint 3,
62100 Putrajaya, Malaysia.
Tel: 603- 88822111
Monday to Thursday:
8.30am to 5.00pm
Friday:
8.30am to 12.15pm
2.45pm to 5.00pm
(Except public holidays)
or e-mail to gst@customs.gov.my
(d)
Customs Offices
You can also visit any of the Customs offices throughout the country
where your business or organization is located to make enquiries
regarding GST.
SCOPE OF TAX
4.
This section will explain to you the scope of GST in Malaysia. The scope of
GST includes the following:(a)
What is subject to GST?
(b)
Who can charge GST?
Charge to Tax
5.
6.
GST is charged on:(a)
any taxable supply of goods and services;
(b)
made in the course or furtherance of any business;
(c)
by a taxable person;
(d)
in Malaysia.
GST is also charged and levied on the importation of goods and services into
Malaysia. All imported goods except goods prescribed as zero rated and exempt or
2
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
given relief from the payment of GST, will be subject to GST. All imported services
acquired for the purpose of business except exempt supply of services will be
subject to GST. The GST on imported services is payable by the recipient of the
services using the reverse charge mechanism.
Supply of Goods or Services
7.
The definition of supply covers all forms of supply where goods and services
are given in return for a consideration. Consideration received can be in the form of
monetary payment or payment in kind (barter).
8.
Supplies can be in the form of goods or services. A supply of goods involves
the transfer of ownership of the goods from one person to another person. Goods
mean any kind of movable and immovable property such as machinery, motor vehicle
and house. For example, a person supplies goods if he transfers goods permanently
out of the business under a sale arrangement. However, goods do not include money.
9.
Anything that is not a supply of goods is regarded as a supply of services and
this may include a transfer of possession of goods with no intention to transfer the
ownership. Examples of supply of services are:-
10.
(a)
lending of goods;
(b)
renting of goods;
(c)
provision of telecommunication services; and
(d)
professional services.
Goods and services may be supplied for no consideration. Under this
situation, such transactions may be deemed as a supply. Examples are disposal of
business assets without consideration, gifts which cost more than five hundred
ringgit (RM500.00) and private use of business assets.
(a)
Taxable Supply
A taxable supply means a supply of goods or services other than an
exempt supply. A taxable supply is either a standard-rated or a zerorated supply. Standard-rated supply is subject to a positive tax rate of
3
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
6%.
A zero-rated supply is a taxable supply which is subject to a tax rate of
zero percent (0%). The supplier does not collect any GST but is
regarded as making a taxable supply and is eligible to claim GST
incurred on inputs. Zero rated supplies are listed under the Goods
and Services Tax (Zero Rate Supplies) Order 2014.
(b)
Exempt Supply
An exempt supply is not a taxable supply. An exempt supplier cannot
charge GST and therefore cannot claim refund of GST on inputs
acquired. Exempt supplies are listed under the Goods and Services
Tax (Exempt Supplies) Order 2014.
Taxable Person
11.
A person includes an individual, sole proprietor, partnership, corporation,
Federal Government, State Government, statutory body, local or public authority,
society, club, trade union, co-operative, trustee and any other body, organization,
association or group of persons whether corporate or unincorporated.
12.
A taxable person is a person who is or is required to be registered under
the GST Act. A taxable person is a person who makes taxable supplies in
Malaysia and whose annual turnover exceeds the prescribed threshold of
RM500,000. Such person is required to be registered under the GST Act. However,
in some cases, a person who is not required to be registered for GST registers
voluntarily for GST. In this situation, he is also a taxable person.
Business
13.
Business includes any trade, commerce, profession, vocation or any other
similar activity whether or not for pecuniary profit. This means that financial
profitability is not a criterion in determining the status of business.
14.
The following criteria may be used to determine whether an activity qualified
as a business for GST purpose:(a)
It is a serious undertaking or work earnestly pursued;
4
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(b)
It is pursued with reasonable or recognizable continuity;
(c)
It is conducted in a regular manner and on sound and recognized
business principles (business-like nature);
(d)
It is predominantly concerned with making supplies for a consideration; or
(e)
It is making supplies of a kind commonly made by commercial
organizations.
15.
Examples of non-business activity are holding of shares, supply of services by
employees under contract of employment and hobbies. Employment under a contract
of service where employer / employee relationship exist is not a business. Any
activity carried on as a hobby which does not reflect any feature of a business
activity is not considered as business.
16.
However, the facilities and services provided by a club, association,
Management Corporation or other organisation is treated as a business activity.
The admission of persons to any premises for a consideration is also regarded as a
business activity.
Made in Malaysia
17.
A supply of goods or services must be made in Malaysia for GST to be
chargeable. Goods shall be treated as supplied in Malaysia if the goods are in
Malaysia or is removed from a place in Malaysia. Services are treated as supplied in
Malaysia if the provider of the services belongs in Malaysia. GST is to be charged
on a taxable supply of goods or services where the supply is made in Malaysia.
Supplies not made in Malaysia are considered to be outside the scope of GST.
REGISTRATION FOR GST
18.
This section will explain to you about requirements with regard to registration for
GST. It will assist you to decide whether you are required to be registered under the
GST Act.
Liability to Register
5
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
19.
A person is required to be registered for GST if he makes taxable supplies
where in a twelve months period the taxable turnover exceeds RM500,000.
Taxable Turnover
20.
Taxable turnover means the total value of taxable supplies excluding the
amount of GST.
Calculation of Taxable Supplies for GST Registration
21.
The value of taxable supplies should be calculated on all taxable supplies
(standard-rated and zero-rated supplies) made by any person, for a period of
twelve months excluding the value of:-
22.
(a)
supplies outside the GST scope;
(b)
disposal of capital assets;
(c)
imported services;
(d)
disregarded supplies made in relation to:

Approved Toll Manufacturer Scheme,

Warehousing Scheme, or

Su[[lies made within or between designated areas; and
Value of the taxable supplies to be included in determining the taxable turnover
is as follows:-
Category of Person
a company
Taxable Turnover
the value of all taxable supplies made by that
company
a company with divisions or the value of all taxable supplies from all
branches
divisions and branches
a
sole
individual
proprietor/
an the value of all taxable supplies of his
business
6
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
a partnership
the value of all taxable supplies by the
partnership
a single taxable person
the value of all taxable supplies by the
business entities registered as a single
taxable person
a joint venture
the value of all taxable supplies made by the
joint venture
Determination of Twelve Months Period
23.
The taxable turnover for a period of twelve (12) months can be determined
based on either the historical or the future method.
(a)
Historical Method
The historical method is based on the value of the taxable supplies in
any month plus the value of the taxable supplies for the eleven (11)
months immediately before that month. The determination is explained
as in Diagram 1.
Diagram 1: Historical Method
June 2015
31 May 2016
April 2016
RM400,200
RM100,000
1 June 2016
222220152013
Taxable supplies for the month of May 2016 =RM100,000. Taxable
supply from June 2015 to April 2016 (11 month preceding) =
RM400,200.
Total taxable supply in June 2015 to May 2016 =RM500,200.
So, liable to be registered and to notify within 28 days from the end of
June 2016.
(b)
Future Method
For the future method, the taxable turnover is based on the value of
7
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
taxable supplies in any month plus the expected value of taxable
supplies for the eleven (11) months immediately after that month. The
determination is explained as in Diagram 2.
Diagram 2: Future Method
July 2014
May 2015
2015201
5 2013
June 2015
2013
May 2016
July 2015
RM100,000
RM400,200
Taxable supplies for the month of June 2015 = RM100,000. Expected
taxable supply from July 2015 to May 2016 = RM400,200.
Total taxable supply in June 2015 to May 2016 = RM500,200.
So, liable to be registered within 28 days from the end of June 2015.
Effective Date of Mandatory Registration
24.
The effective date of mandatory registration is on the first day of the month
following the month he is required to notify his liability to be registered. Mandatory
registration can be back-dated upon request. However, it cannot be earlier than the
date when the liability occurs. The effective date for late mandatory registration is
the date when application for registration is made.
Example 1:
June 2014
RM600,000
31 May 2015
28 June 2015
To apply for
registration
1 July 2015
Effective
registration date
Voluntary Registration
25.
A person can apply for voluntary registration even though the value of his
8
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
taxable supplies does not exceed the prescribed threshold (RM500,000). A person
can be registered if he intends to make any taxable supplies provided he can
satisfy the Director General that he is committed to doing business by submitting
the following documents:(a)
details of business arrangements (business plans, plants, location);
(b)
copies of contract for establishment of premises such as rental of
premises / construction of pipelines/ purchase of equipment;
26.
(c)
details of any patents;
(d)
details of business purchases; or
(e)
other documentary evidence.
However, if he is making wholly out of scope supplies, he can be allowed
to be registered under GST subject to the Director General’s approval.
27.
A person who voluntarily registers for GST shall remain registered for at least
two (2) years.
28.
Any person who was initially registered for making or intending to make a
supply outside Malaysia which would be a taxable supply if made in Malaysia and
subsequently makes or intends to make a taxable supply in Malaysia is also
required to notify the Director General within thirty (30) days from the date of
occurrence of intention to make taxable supply in Malaysia.
Application for GST Registration
29.
Application for registration can be made by completing and submitting the
prescribed Form GST-01. Application can be made on-line or submitted manually to
the nearest Customs office. Registration forms can be obtained from the nearest
Customs office or on-line from GST portal or website. The documents relating to
business or companies registration should be submitted upon request. The Customs
office will issue the letter of approval together with the registration number to the
applicant for GST purposes e.g. for submission of GST return, payment,
correspondence, etc. and also “an identification number (ID)” for applicants opting for
on-line services.
9
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Registration for Transfer of Business as a Going Concern (TOGC)
30.
If the transfer of the whole business is considered as a transfer of going
concern (TOGC), the transferee must apply for registration within twenty eight (28)
days from the date of transfer. The transfer of business is treated as a transfer of
going concern if:(a)
the transferor is a taxable person;
(b)
the transferee must be a taxable or will be a taxable person
immediately after the transfer of business;
(c)
the transfer of business must be accompanied by a transfer of business
assets and to be used in carrying on the same kind of business; and
(d)
if only part of business is transferred, then that part of the business
must be capable of operating on its own.
Effective Date of TOGC Registration and Deregistration
31.
The effective date of TOGC registration is on the date of the transfer. The
taxable person (transferor) must apply for deregistration if he ceases making taxable
supplies or ceases business after the business is being transferred.
Registration of Persons Making Zero-rated Supplies
32.
A person who makes wholly zero-rated supplies must be registered for GST if
the value of the taxable turnover within a period of twelve months exceeds the
threshold of RM500,000. He, however, may request to be exempted from registration
subject to the approval of the Director General. The effect of the exemption from
registration to a person making wholly zero-rated supplies is that the exempted
person cannot claim input tax credit on any input tax incurred in furtherance of his
business. The rationale of giving such an exemption is to provide an option to such a
person whether to register or not for GST as his compliance costs may outweigh the
benefits of claiming input tax credit.
Registration of an Agent
33.
The registration of an agent under GST is as follows:10
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Condition
Determination of Taxable
Turnover
Liability to Register
1. Agent acting in value of taxable supplies register if exceeds the
his own name
he made (including agent’s threshold
commission received)
2. Agent acting on agent’s
commissions register if exceeds the
behalf of local received (value of taxable threshold
principal
supplies on behalf of local
principal to be excluded)
3. Agent acting in
his own name
and acting on
behalf of local
principal
value of taxable supplies register if exceeds the
he made in his own name, threshold
and agent’s commissions
received (value of taxable
supplies on behalf of local
principal to be excluded)
4. Agent acting on Situation 1
behalf of non- value of taxable supplies
resident
he made in his own name
and agent’s commissions
received (value of taxable
supplies on behalf of the
non-resident
to
be
excluded)
Situation 1
register if exceeds the
threshold
non-resident
is
not
required to be registered.
Situation 2
Situation 2
Value of taxable supplies
he made in his own name
is below threshold but
value of taxable supplies
made by the non-resident
in Malaysia exceeds the
threshold.
Agent to register on
behalf of the non-resident
as non-resident is not
liable to be registered
under the GST Act. The
GST liability of the nonresident will fall on the
agent.
Situation 3
Situation 3
Value of taxable supplies
he made in his own name
exceeds threshold and
value of taxable supplies
made by the non-resident
in Malaysia also exceed
the threshold.
Agent to register in its
own name and also to
register on behalf of the
non-resident.
For further information regarding Agent, please refer to the GST Guide on Agent.
11
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Registration of societies or similar organisations
34.
Societies, non-profit organisations, charities or cooperatives are required to be
registered if their supplies of taxable goods and services exceed the prescribed
threshold.
Person
Supply
Liability
Societies, non-profit supplies of goods and register if the value of
organisations,
services for the purpose of taxable
turnover
charities,
business
exceeds threshold
cooperatives
For further information, please refer to GST Guide on Societies or Similar
Organisations
Personal representatives
35.
A personal representative is a person who has been appointed to carry on a
business activity on behalf of a taxable person who has died, goes into liquidation or
receivership, becomes bankrupt, or becomes incapacitated until another person is
registered in respect of such business or in the case of incapacity, until such time as
the incapacity ceases.
36.
The personal representative can be an executor, a liquidator, receiver,
trustee, administrator, or any person appointed or authorized to manage the
business of an incapacitated or deceased person. A personal representative is
not required to apply for a new registration but he must inform in writing (together
with supporting document such as death certificate, liquidation, receivership or
bankruptcy order from the court or hospital confirmation letter) to the Director
General within twenty one (21) days from the date of appointment as a personal
representative.
Group Registration
37.
Group registration is a facility that allows two or more related companies to
register as a group. The pre-requisite conditions for group registration are:-
12
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(a)
each company must be making wholly taxable supplies. However,
where a company is making incidental exempt supplies, the company
is also allowed to be a member of the group;
(b)
each company must be registered individually before they register as a
group;
(c)
a company has controlling power over the other company directly or
indirectly through subsidiaries or together directly and indirectly through
subsidiaries, more than fifty per cent of the issued share capital,
excluding any part thereof which consists of preference shares, of the
second-mentioned company.
(d)
members of the group cannot be members of another GST group.
Application for Group Registration
38.
Application for group registration can be made by completing and submitting
the prescribed Form GST-02. Application can be submitted electronically or manually
to the nearest customs office. Members of the group are required to submit the
application form and every member shall nominate the representative member in the
application. Any correspondence for group registration will be addressed to the
representative member. The registration of a group shall be in the name of the
representative member.
39.
Group registration will be allowed regardless of the type of taxable supplies
made by the companies within the same group provided that the companies are
making wholly taxable supplies.
40.
Partnerships or individuals are not eligible to be members of a group.
However, companies controlled by any partnership or individual may register as a
group.
41.
Foreign companies which are not established in Malaysia cannot become
members of a group. However, for the purpose of eligibility for group registration,
their subsidiaries or registered branches in Malaysia can be considered as
members of a group. Companies incorporated in Malaysia are allowed to be
members of a group even though they make taxable supplies outside Malaysia.
13
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
42.
Any company which is under the control of a foreign company is eligible to be
treated as a member of a GST group if such company is registered for GST and
makes wholly taxable supplies, and it is not a member of another GST group.
Treatment of Supplies between Companies under Group Registration
43.
Inter-company charges on supplies between members of a group will be
disregarded. However, supplies from any member of a group to companies which
are not members of the group are considered supplies for GST purposes and
subject to GST.
Single Taxable Person
44.
A single taxable person means two or more business entities which have
been directed by the Director General to be registered under one registration
number. Two or more business entities can be classified as a single taxable
person when they artificially separate their business activities for the purpose of
tax avoidance. All persons named in the direction by the Director General will be
registered under one registration number and they may jointly nominate the name
to be used for the registration of the single taxable person within fourteen (14) days
from the date of the direction. Failing which, registration will be named as specified
in the direction. The liability date for a single taxable person registration is the
date specified in the direction.
Joint Venture
45.
Registration of joint venture for GST purpose only applies to petroleum
upstream activity under the Production Sharing Contract (PSC). All venturers must
be registered individually before the joint venture registration can be considered.
46.
Application to register joint venture shall be made in GST-02 and GST-02A
forms not less than ninety (90) days before the commencement of the joint venture
operation.
47.
The venturers must nominate one of the venturers or appoint a joint operating
company (JOC) to be a venture operator. The registration of the joint venture will be
in the name of the venture operator and it is required to maintain a separate account
14
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
for the joint venture. If there is any changes in the joint venture e.g. inclusion or
removal of any venturer, the venture operator has to inform Customs not less than
thirty (30) days before the date of such changes.
Registration of Branches or Divisions
48.
A registered person having branches or divisions may apply to register its
branches or divisions individually under the name of those branches or divisions.
Registration of branches or divisions may be considered if:
(a)
the registered person and all the branches or divisions are making
wholly taxable supplies;
(b)
the registered person is not a member of a group;
(c)
it is difficult to submit a single return for all the branches or divisions;
(d)
each branch or division maintains a separate account;
(e)
such branch or division is separately identifiable by reference to the
nature of the business or its location; and
(f)
every separately registered branch or division has the same taxable
period.
49.
Application for branch or division registration has to be made by the registered
person using Form GST-05.
Responsibilities of a Registered Person
50.
A registered person must comply with the requirements under the GST
legislation as follows:(a)
account for GST on taxable supplies made and received;
(b)
submit GST return and pay tax by the due date;
(c)
issue tax invoice on any taxable supply made unless as allowed by the
Director General;
(d)
inform Customs of the cessation of business within thirty (30) days
from the date of business cessation;
15
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(e)
inform Customs on any changes of address, taxable activity,
accounting basis and taxable period; and
(f)
keep adequate records of his business transactions relating to GST in
the national or English language for seven (7) years.
End of Registration
Cessation of liability to be registered
51.
The end of liability for mandatory registration is when a person:
(a)
ceases to make a taxable supply; or
(b)
ceases to have the intention of making a taxable supply; or
(c)
ceases to make or ceases to have the intention of making a supply
outside Malaysia which would be a taxable supply if made in Malaysia;
or
(d)
the value of taxable supplies for a period of twelve (12) months
succeeding will not exceed the prescribed threshold i.e. taxable
turnover for the next twelve (12) months will not exceed the registration
threshold.
52.
To determine whether the taxable turnover for the next twelve (12) months will
exceed the registration threshold or otherwise, the registered person is also required
to ascertain the total taxable turnover for the preceding twelve (12) months.
Notification of cessation of liability to be registered
53.
A registered person who has ceased business or has ceased making a
taxable supply is required to notify Customs within thirty (30) days from the date of
such occurrence.
54.
A registered person who has notified his cessation of liability to be registered
has to continue to fulfill his obligations as a registered person i.e. to charge GST and
submit GST returns, until the approved effective date of cancellation of his GST
registration.
16
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Cancellation of Registration
55.
A registered person may apply to cancel his registration if his liability to be
registered has ceased. The registration of any person may also be cancelled by
Customs if it is found that the person is not liable or eligible to be registered.
56.
Application for registration cancellation can be made by completing and
submitting the form GST-Adm4 either on-line or manually to the nearest Customs’
office.
General Information
57.
A registered person must notify the Customs office within thirty (30) days
from the date of any changes to his business.
58.
A person who is liable to be registered but fails to apply for GST registration
should immediately apply for registration. Tax due will be collected for a period of not
more than six (6) years from the effective date of registration. A late registration
penalty of not less than one thousand and five hundred ringgit for a period within
thirty days and not exceeding an amount of twenty thousand ringgit for a period of
more than three hundred and sixty days.
59.
A person who is not liable to be registered is not allowed to charge and collect
GST. He can only collect and pay GST after he has registered voluntarily.
SUPPLY
60.
This section explains the place of supply, value of supply and time of supply
for supplies of goods or services.
Place of Supply
61.
The place of supply of goods or services is where the supply is made or
treated to be made. A supply of goods or services will be within the scope of
GST and therefore chargeable to GST if the place of supply is in Malaysia.
Supplies made outside Malaysia are considered to be out of the scope of GST.
62.
For the purposes of GST, Malaysia includes the territories of the
17
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Federation of Malaysia, its territorial waters and the sea-bed and subsoil of the
territorial waters.
63.
There are separate rules for determining the place of supply for goods
and the place of supply for services.
Supply of Goods
64.
The place of supply of goods is in Malaysia if the supply involves goods
which are removed:-
65.
(a)
from a location in Malaysia to another location in Malaysia; or
(b)
from a location in Malaysia to a location outside Malaysia.
Para (b) above relates to an export of goods. The export of goods is therefore
a supply made in Malaysia. However, the export of goods is a zero rated supply.
66.
Likewise, the place of supply of goods is outside Malaysia if the supply
involves goods which are moved:(a)
from a location outside Malaysia to another location outside Malaysia;
or
(b)
67.
from a location outside Malaysia to a location in Malaysia.
Para 66(b) relates to the importation of goods. Although the place of supply
is outside Malaysia, the goods are subjected to GST on importation unless the
importation is done under a suspension or relief arrangement.
Supply of Services
68.
The place of supply of services is treated as in the country where the
supplier belongs. Therefore, a supply of services is treated as made in Malaysia
if the supplier belongs in Malaysia.
69.
A supplier belongs in Malaysia under the following circumstances if:(a)
he has in Malaysia a business establishment or some other fixed
establishment and no such establishments elsewhere;
18
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(b)
he has no business or fixed establishments in any country, but the
country:
(i)
where he usually resides is in Malaysia;
(ii)
where in the case of a body corporate, it is incorporated in
Malaysia;
(iii)
where in the case of an unincorporated body of persons
(societies, etc.), its centre of administration is in Malaysia; or
(c)
he has business or fixed establishments in Malaysia and elsewhere
and his establishment which is most directly concerned with the
supply is in Malaysia.
70.
A business establishment is taken to mean the principal place of business
of the supplier and it is usually the head office.
71.
A fixed establishment
is an establishment other than
the business
establishment from which the activities of the business are carried out. It includes
a branch or agency through which the supplier carries on a business in Malaysia.
72.
Where a supplier belongs in Malaysia, any supply of services provided by
him is within the scope of GST. GST would then be chargeable where the supply
is a taxable supply.
Reverse Charge
73.
A supplier who does not belong in Malaysia and supplies services to a
customer in Malaysia does not have to charge GST. However, the customer who
receives the services for the purpose of any business carried on by him is required
to account for GST by a reverse charge mechanism. For more information on
reverse charge mechanism, please refer to paragraphs 91 to 104 on Imported
Services.
Value of Supply
74.
The value of a supply is the value on which GST is chargeable. The amount
of GST is the value multiplied by the tax rate. Where applicable, the value of supply
19
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
includes excise duty paid or to be paid.
75.
For imported goods, the value includes customs duty and excise duty paid or
to be paid, where applicable.
Consideration
76.
The consideration of a supply depends on what a person is given in
exchange for the supply. A consideration is any form of payment in money or in
kind or both in money and in kind.
77.
The valuation rule to be applied is dependent on the consideration given
for a supply. H e n c e , y ou should not attempt to value a supply until you have
established what the consideration is.
Supply for a Consideration in Money
78.
The general valuation rule is applicable in circumstances where the supply
is for a consideration wholly in money. In such cases the value for GST purposes
is the price paid or payable excluding the GST itself. The value with the addition
of the GST chargeable is equal to the consideration.
79.
Under this rule, the value for GST purposes is therefore that part of
consideration which, when added to the GST itself, gives a total equaling the
consideration. The GST element of a GST-inclusive consideration is determined
by multiplying that consideration by the GST fraction, i.e. 6 / 1 0 6 (rate of GST is
6%).
Example 1
Supply of goods subject to GST at a rate of 6% are sold for a cash payment of
RM104.00
The GST element is 6/106 x RM104 = RM5.89
The value for GST purposes is RM98.11 (RM104 – RM5.89) and the
consideration is RM104.
Supply for a Consideration not in Money (In Kind)
20
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
80.
If a supply is made for consideration in kind, then the value shall be the
open market value less the tax chargeable.
Example 2
A customer purchases a printer and pays the supplier by exchanging his
used computer for the printer. The open market value of the used computer
is RM260.
Hence, the value of the printer is the open market value of the used computer
less tax i.e. RM245.28 (RM260 x 100/106).
Supply for Consideration Partly in Money and Partly in Kind
81.
If a supply is made for consideration partly in money and partly in kind, then
the value of the supply will be the aggregate of the consideration in money and
the open market value of the other consideration not in money.
Example 3
A trader exchange a new car for RM62,400 cash and a used car (open
market value is RM35,360), the value of the supply is computed as follows:Value = 100/106(RM62,400 + RM35,360) = RM92,226.42.
Note: Open market value is deemed to be GST inclusive.
Supply Made for No Consideration
82.
If supply is made for no consideration, value for GST purposes will be
based on open market value of the supply
Example 4
A hand phone dealer sells a Blackberry for RM2,080 inclusive of GST. He
gives a Blackberry to his longt ime customer for free. The value of the free
Blackberry is RM1,962.26 (100/106 x RM2,080).
For further information on open market value please refer to the GST Guide on
Valuation.
21
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Value for Imported Goods
83.
Value for imported goods will be the aggregate of the following:(a)
value determined for customs purposes;
(b)
customs duty paid or to be paid (if any); and
(c)
excise duty paid or to be paid (if any).
GST will be imposed on the above aggregate value.
Special Valuation Rules
84.
The special valuation rules are applicable in the following circumstances:(a)
a single consideration for supplies with different liabilities.
Example 5
Standard-rated and zero-rated items or standard-rated and exempt
items are sold for one single consideration. There is a need to
apportion the value between the two supplies in order to determine
GST liability.
(b)
other circumstances include imported services (in cases where no
payment is made) and supply of taxable goods from Licensed
Manufacturing Warehouse or Free Industrial Zone.
For further information please refer to the GST Guide on Valuation.
Time of Supply
85.
The time of supply is the time when a supply of goods or services is
treated as being made. It is important to determine the time of supply because a
taxable person must charge GST at the time when the supply is made.
Consequently he accounts for GST for the taxable period in which the time of
supply occurs unless he is allowed to account GST under a payment basis.
86.
There are general rules for determining the time of supply. However, in
certain cases and in particular situations there are special times of supply rules
22
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
to be applied. It is essential to note that where a special time of supply rule applies,
it will override the general rule.
General Time of Supply Rules
87.
In general, the basic tax point is when:
(a)
goods are removed or when goods are made available to a customer;
or
(b)
88.
services are performed.
The time of supply of goods occurs when the goods are removed or if the
goods are not to be removed, the time when goods are made available to the
customer.
Example 6
28 Dec 15
Ordered 10
washing machines
6 Jan 16
Received
delivery
Axis Laundry Sdn. Bhd. ordered 10 washing machines from Omni Electrical
Sdn. Bhd. on 28th December 2015 and received delivery of the washing
machines on 6th January 2016. The basic tax point is 6th January 2016 i.e.
when goods were removed for sales.
89.
In the case of a supply of services, the time of supply is when the services are
performed. A service is considered “performed” when work is done or completed by
the supplier of services.
Example 7
Audit starts
15th June 2015
Audit ends
1st July 2015
23
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Feroz has an audit firm. Usually beginning June, Feroz has to audit Meiji &
Co. and prepare an audit report. The audit started on 15th June 2015. By 1st
July 2015, Feroz has completed the report and sent it to Meiji & Co. i.e. the
services are performed. In this case, the basic tax point is 1st July 2015 which
is the end date of an audit i.e. when services are performed.
Exceptions to the General Rules
90.
Specific time of supply rules for certain circumstances are as follows:(a)
Tax invoice issued or payment received before the basic tax point
If a supplier issues a tax invoice or receives any payment before the
time of supply mentioned in paragraph 88 above, the time of supply
for the amount invoiced or payment received will be the date of the
invoice issued or the amount of payment received, whichever is the
earlier.
Example 8
2 Oct 2015
Tax invoice
issued
RM1,060
6 Nov 2015
Part payment
received RM832
5 Dec 2015
Balance
payment
received RM228
18 Dec 2015
Delivers
gadget
A sells and delivers a gadget to B on 18 December 2015. The value
of the gadget is RM1,000. A has already issued a tax invoice for
RM1,060 to B on 2 October 2015. B pays a sum of RM832 on 6
November 2015 as part payment and the balanced amount on 5
December 2015.
The time of supply for GST due amounting to RM60 (6/106 x
RM1,060) is 2 October 2015 regardless of any payment A had received
or is to receive after 2 October 2015.
24
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Example 9
2 Oct 2015
Part payment
received
RM832
6 Nov 2015
Tax invoice
issued
RM1,060
18 Nov 2015
18 Dec 2015
Balance payment
received RM228
Delivers
gadget
A sells and delivers a gadget to B on 18 December 2015. The value
of the gadget is RM1,000 and GST amounting to RM60. A receives
RM832 as part payment from B on 2 October 2015 and the balanced
amount on 18 November 2015. A issues a tax invoice for the whole
amount on 6 November 2015.
The time of supply for GST due amounting to RM47.09 (6/106 x
RM832) is 2 October 2015 and the time of supply for GST due
amounting to RM12.91 (6/106 x RM228) is 6 November 2015.
(b)
Tax invoice issued within 21 days from the basic tax point
If a supplier does not receive any payment before the basic tax point
but issues a tax invoice within twenty one (21) days from the basic tax
point, the time of supply will be the date of issuance of the invoice. This
is regardless if any payment is received within the twenty one (21) day
period. If a tax invoice is not issued within twenty one (21) days, then
the time of supply will revert to the basic tax point.
Example 10
A delivers the gadget on 18 December 2015. On 2 January 2016, B
pays RM832 as part payment. A issues a tax invoice on 4 January
2016 for an amount of RM1,060 but states the balance of RM228 to be
paid.
The time of supply for GST due amounting to RM60 (6/106 X
RM1,060) is 4 January 2016 since the tax invoice is issued within
t w e n t y o n e ( 21) days from basic tax point.
25
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
Consignment Sale
If a supply of goods is on a sale or return or similar terms, the time of
supply will be such time when the consignee issues a statement of
sales to the consignor stating that the goods had been sold or twelve
(12) months from the date the goods were sent to the consignee,
whichever is the earlier. Applying the rules above, if a tax invoice is
issued within twenty one (21) days from the date the consignee issued
the statement of sales or after twelve (12) months the goods were
removed, then the time of supply is the date of the tax invoice.
(d)
Disposal of Business Assets
Transfer or disposal of goods which form part of business assets by or
under the direction of the person carrying on the business, whether or
not for a consideration, the time of supply is at the time when the goods
are transferred or disposed i.e. when the goods are removed.
This would include a situation where the supplier temporarily loans his
goods to another person and that person replaces the loaned goods
with another batch of goods to the supplier.
(e)
Non-business Use of Business Assets
If goods are temporarily taken out for private use or any purpose other
than for business, the time of supply is when the goods are
appropriated. However, where the non-business use is of a continuing
nature, the time of supply shall be the last day of the taxable period
during which the goods are made available or are used.
(f)
Imported Services
Where there is a supply of imported services, the time of supply is
when the supplies are paid for by the recipient.
(g)
Supplies under Approved Toll Manufacturer Scheme
The time of supply for the treated or processed goods under the
scheme is the earlier of the following:(i)
whenever a payment in respect of the supply is made to the
26
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
overseas principal; or
(ii)
whenever the taxable person who is granted approval to
receive such treated or processed goods receives an invoice
relating to such supply from the overseas principal.
(h)
Supplies under Approved Jeweller Scheme
The time of supply of the prescribed goods under the scheme is the
earlier of the following:(i)
whenever a payment in respect of the supply is made; or
(ii)
whenever the approved jeweller receives an invoice relating to
such supply.
(i)
Supplies under Relief for Second-hand Goods
The time of supply of the prescribed goods under the scheme is the
earlier of the following:-
(j)
(i)
when the prescribed goods are removed or made available;
(ii)
whenever a payment in respect of the supply is made; or
(iii)
whenever approved person issues an invoice.
Coins Operated Machines
The time of supply will be when the collection is removed from the
machine.
(k)
Goods in Licensed or Bonded Warehouse
For goods removed from a licensed or bonded warehouse, GST
becomes chargeable at the time of their removal.
(l)
Supplier’s goods in possession of the recipient
If the supplier supplies goods under an agreement where ownership
will only pass at the date of appropriation by the recipient and the
consideration will not be fixed until that date, then the time of supply is
the earliest of the following dates:
(i)
the date when the recipient appropriates the goods;
27
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(ii)
the date when a tax invoice is issued by the supplier; or
(iii)
the date when a payment is received by the supplier.
If the supplier issues a tax invoice within twenty one (21) days of the
date of appropriation by the recipient and no payment is received
before the date of appropriation of goods, then the date when the tax
invoice is issued becomes the actual time of supply.
In the case where there is a self-billing agreement between the supplier
and the recipient, the basic tax point is the date of appropriation. If the
recipient issues a self-billed invoice within twenty one (21) days of the
date of appropriation by him, then the actual time of supply is the date
when the self-billed invoice is issued.
(m)
Supplies in construction industry
In the construction industry, goods and services are supplied in the
course of construction, alteration, demolition, repair or maintenance of
a building or of any engineering work under a contract which may or
may not require the issuance of a certificate of work done.
The time of supply is:
(i)
In the case where the certificate of work done is not required, the
supply is treated as taking place at the earlier of the following
times;

when payment is received by the supplier where the
consideration for the contract is wholly in money; or

(ii)
when tax invoice is issued.
In the case where the certificate of work done is required, the
supply is treated as taking place at the earlier of the following
times:

when payment is received by the supplier where the
consideration for the contract is wholly in money;

when tax invoice is issued; or
28
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015

when certificate of work done is issued, if no tax invoice has
been issued within twenty one (21) days after the date of
issuance of the certificate.
(n)
Other Supplies
The time of supply of the following supplies:(i)
transfer
of
land
involving
uncompleted
property
under
progressive payment scheme;
(ii)
supplies of power, electricity, gas, water, telecommunication
services;
(iii)
retention payments;
(iv)
continuous supplies of services; and
(v)
payments relating to intellectual property;
is the earlier of when a payment is received or a tax invoice is issued
in respect of the supply.
(o)
Continuous supplies of goods and services between connected
persons
In cases where;
(i)
supply involves transfer of land; supply of telecommunication
services, gas, water, refrigeration, air conditioning, ventilation,
petroleum or petroleum product through pipeline or any form of
power including electricity, continuous supply of services or
payments related to intellectual property;
(ii)
a tax invoice is not issued;
(iii)
payment is not received;
(iv)
supplier and recipient are connected with each other; and
(v)
recipient is not allowed to claim input tax fully or partially on the
supply,
the supplies are treated as separately and successively supplied at the
end of the period of three (3) months after the supplies commenced
29
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
and thereafter, at the end of each subsequent period of three (3)
months.
(p)
Time of supply determined by Director General
A taxable person may apply to the Director General for a special time
of supply for circumstances not mentioned above. A special time of
supply is only to be applied by a particular taxable person as
specifically requested. This facilitation is granted where complying with
the normal rules would cause severe hardship or difficulty to the
taxable person. Examples of the circumstances where special time of
supply is allowed include:(i)
invoice via monthly statements for supplies by banks to their
clients;
(ii)
corporate purchases card, and
(iii)
long delays in establishing prices.
IMPORTED SERVICES
91.
This section explains the GST treatment on the supply of imported
services by any person.
Implication of GST on Imported Services
92.
Under the GST Act 2014, “imported services” means services that are made
by a supplier who belongs in a country other than Malaysia or who carries on
business outside Malaysia to a recipient who belongs in Malaysia and such services
are consumed in Malaysia.
93.
Service “consumed in Malaysia” in relation to imported service means any
service which is used, utilised, or enjoyed in Malaysia. It also includes intangible
and intellectual properties such as trademarks, rights, patents, licence, good will,
etc.
94.
Generally, the GST legislation provides for the supplier to charge GST on
taxable supplies he makes to the recipient. However, in the case of imported
30
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
services, the GST liability shifts from the supplier to the recipient if the recipient’s
fixed or business establishment or his usual place of residence is in Malaysia.
Hence, the recipient is liable to account GST on the supply made for the
purpose of any business carried on by him.
95.
When services are imported from outside Malaysia and supplied to a
recipient in Malaysia, being taxable supplies if made in Malaysia, the recipient of
the supply shall account and pay GST if such imported services are for the
business purposes and consumed in Malaysia. He shall account for output tax on the
portion of the services consumed in Malaysia. If the recipient is a taxable person, he
is entitled to claim input tax on the services if the imported services are used for
making taxable supplies.
96.
If the supply is used for making exempt supplies, he is not entitled to claim
the GST as his input tax. If the imported services are used for making both taxable
and exempt supplies, then he has to apportion the GST incurred and claim the
proportion of GST on imported services used for making taxable supplies.
97.
However, if the recipient is not a registered person and the imported services
are consumed for the purpose of his business, he has to account for output tax and
is not entitled to claim input tax
98.
If the supply is not made for business purposes, the recipient is not liable to
account GST on the supply of imported services he receives. For example, an
individual receives architectural design supplied by a foreign architect to design a
residential house to be built for private purposes in Malaysia.
Example 11
MY Co. is the computer database centre for ASEAN region where Kuala
Lumpur is the head office. An overseas consultant (UK Co.) was engaged to
upgrade MY Co.’s database. The consultation cost covers all five regional
offices of MY Co. The total cost paid to UK Co. is RM 80,000. The portion of
imported services consumed in Malaysia is RM30,000 and is liable to GST
while the remaining RM50,000 is not liable because the work is done for the
31
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
other regional offices, that is, consumed outside Malaysia although payment is
made by MY Co. based in Malaysia.
Example 12
Stylo Bhd. is a wholesaler for ‘X brand’ shoes in Malaysia and Thailand. Stylo
Bhd. pays royalty to Italy Shoes Co. (holder of rights) at the end of every year.
The royalty paid depends on the total amount of shoes sold in the year. Stylo
Bhd. paid RM36,000 this year for shoes sold in both countries, which is
RM16,000 for the sale in Malaysia and RM20,000 in Thailand. The amount of
imported services liable to GST is RM16,000.
Example 13
KL Co. engaged a few experts from Europe for a consultation on productivity
management for a factory located in Cambodia. The job was performed in
Cambodia but payment is made by the KL Co. in Kuala Lumpur. No GST is
charged on the consultation services because these services were consumed
outside Malaysia.
Value of the Supply of Imported Services
99.
Under the GST Act, the value of the supply of imported services should be
treated as made by the recipient and shall be taken to be such amount as is equal
to:(a)
in the case of the recipient who is not connected to the supplier of
such services, whatever consideration received; or
(b)
in the case of the recipient who is connected to the supplier of such
services, the open market value.
Time of supply of imported services
100. The time of supply of imported services is due when payment is made by the
recipient of that service to the extent covered by the payment made.
101. If the recipient is a taxable person, he has to declare both input tax and output
tax in his GST return and pay the tax not later than the last day of the following
month after the end of his taxable period where the payment for the supply of
32
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
imported services is made to the supplier.
102. If the recipient is a mixed supplier, he should use the tax code ‘TX-RE’ which
means, amount of input-tax claimable for this imported services is dependent on the
Initial Recovery Rate (IRR) for that month / period. (Please refer to guide on Partial
Exemption and Guide to Enhance Your Accounting Software to be GST Compliant).
103. If the recipient is not a taxable person, he is still required to account the
GST as output tax and declare the tax in a prescribed form (Form GST-04). The
tax has to be paid not later than the last day of the subsequent month from the
month in which the payment of supply is made.
Issuance of tax invoice not required for an imported service.
104. A recipient does not need to issue any tax invoice when he receives an
imported service. But for audit purpose, the recipient should keep the invoice he
receives from the overseas supplier.
EXPORTED SERVICES
105. Generally, all exported services are zero-rated provided the conditions are
met as specified under the Goods and Services Tax (Zero Rate Supplies) Order.
These services are generally referred to as international services. Examples of
exported services are as follows:
(a)
Any supply of services to a person who belongs outside Malaysia not
being any supply of services related to land and goods situated in
Malaysia and he is not in Malaysia at the time the services are
performed. However, if the supply of services is directly related to land
or goods in Malaysia, the supply is treated as a taxable supply subject
to GST at a standard rate.
(b)
Services of any of the following descriptions which are performed
wholly outside Malaysia (i)
cultural, artistic, sporting, tourism, educational or entertainment
services;
33
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(ii)
exhibition or convention services; or
(iii)
services ancillary to, including that of organising the performance
outside Malaysia of the services referred to in para (a) and (b).
(c)
A supply of telecommunication services by a telecommunication
supplier who belongs in Malaysia to a telecommunication supplier who
belongs in a country outside Malaysia.
(d)
A
supply
of
telecommunication
services
provided
by
a
telecommunication supplier who belongs in Malaysia to its subscriber in
relation to outbound roaming outside Malaysia, when the subscriber
makes an outgoing call or receives an incoming call.
(e)
Services supplied (i)
under a contract with a person who belongs in a country other
than Malaysia; and
(ii)
which directly benefit a person who belongs in a country other
than Malaysia,
relating to the co-location in Malaysia of computer server equipment
belonging to the person referred to in para (a) or (b).
IMPORTED AND EXPORTED GOODS
Imported Goods
106. All goods imported into Malaysia are subject to GST unless specifically
relieved or placed under a suspension scheme as explained in the later paragraph.
107. GST is charged on the importation of goods at the same rate as if the
goods had been supplied in Malaysia. The value on which GST is charged is the
sum of its customs value as determined according to customs rules for valuation
plus any customs duty and excise duty that is to be paid by reason of its importation.
108. GST on the importation is payable at the time the customs duty if any, is
paid to Customs. The GST paid is receipted on the Customs No.1 or No.9 form
depending on the manner of release. If no customs duty is applicable, the GST is
34
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
payable at the time such goods are released from customs control.
109. However, an importer who is a taxable person would be eligible to recover
the GST paid on imports subject to the normal rules on input tax credits. The
recovery of GST incurred on imports is made by crediting the amount allowable
against his output tax chargeable on his taxable supplies.
GST Relief on Imports
110. Certain goods will be given GST relief on importation under the GST (Relief)
Order 2014 and subject to such conditions as may be prescribed.
GST Suspended on Import
111. When goods are imported and subject to a warehousing scheme as explained
under paragraph 276, GST is not chargeable until the goods are released for
home consumption.
Goods Imported under the Approved Trader Scheme
112. When goods are imported under the Approved Trader Scheme, any
suspended GST on the imported goods is to be accounted for in the taxable period
in which the importation took place.
Goods Imported into the Designated Area
113. Designated Area means Langkawi, Labuan or Tioman. GST is not chargeable
on goods imported from a place outside Malaysia to a designated area unless the
goods are prescribed to be chargeable to GST by the Minister.
114. Goods transported from any place in Malaysia to a designated area are not
considered as imports but are regarded as supplied in Malaysia. Goods supplied
from Malaysia to the designated area are to be zero-rated except as prescribed by
the Minister.
Exported Goods
115. An exporter can zero rate his supply of goods at the time when the goods
are exported. Goods are deemed to be exported when:35
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(a)
they have been cleared by the proper officer of customs at the last
customs station on their route out of Malaysia;
(b)
they have been loaded on to a vessel or an aircraft which is about to
depart from a port or place in Malaysia; or
(c)
they have been cleared by the proper officer of customs at an inland
clearance depot or station on their route out of Malaysia through a
customs port or airport.
TAX INVOICE AND RECORD KEEPING
116. This section explains the types of records that you are required to keep in
relation to supplies you make or receive, as a GST registered person under the
GST Act. It also provides circumstances where a tax invoice is required or not
required to be issued and some guidelines on how to keep these records.
Tax Invoice
117. Every registered person who makes any taxable supply of goods or services
in the course or furtherance of any business in Malaysia is required to issue a tax
invoice. A tax invoice is a document containing certain information about the supply
that has been made and is similar to a commercial invoice except for some
additional details. This document is important as it is an essential evidence to
support a customer’s claim for deduction of input tax. The supplier must keep a
copy and the original copy should be retained by the recipient. Only a GST
registered person can issue tax invoices. Tax invoices can be issued in the
following forms:(a)
(b)
Tax invoice
(i)
Full tax invoice
(ii)
Simplified tax invoice
Deemed tax invoice
(i)
Self-billed invoice
(ii)
Invoice or statement of sales by auctioneer
36
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Full Tax Invoice
118. The following information must be reflected on an invoice in order for it to be
considered as a full tax invoice:(a)
the word ‘tax invoice’ in a prominent place;
(b)
the tax invoice serial number;
(c)
the date of issuance of the tax invoice;
(d)
the name, address and identification number of the supplier;
(e)
the name and address of the person to whom the goods or services are
supplied;
(f)
a description sufficient to identify the goods or services supplied;
(g)
for each description, distinguish the type of supply for zero rate,
standard rate and exempt, the quantity of the goods or the extent of the
services supplied and the amount payable, excluding tax;
(h)
any discount offered;
(i)
the total amount payable excluding tax, the rate of tax and the total tax
chargeable to be shown separately;
(j)
the total amount payable inclusive of the total tax chargeable; and
(k)
any amount referred to in subparagraphs (i) and (j), expressed in a
currency, other than Ringgit, shall also be expressed in Ringgit in
accordance with paragraph 5 of the Third Schedule of the GST Act
2014.
Example of a tax invoice is shown in Diagram 3.
37
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Diagram 3: Full Tax Invoice
Supplier’s name, address and
GST identification number
Tax Invoice serial
number
KILANG KASUT SEDAP PAKAI SDN.BHD.
Lot 123, Jalan Pengkalan, 31500 Lahat, Perak
No. ID GST: 100001/2015)
Tel : 05-3349876
Invoice No.: 0001111

To :
The words “Tax
Invoice” clearly
indicated
Syarikat Kasut Ali Sdn. Bhd.
No. 27, Jalan Maju Jaya,
31400 Ipoh, Perak
Description of goods
or services
Customer’s
name
&
address
Serial
No.
Date : 25 June 2015
D/O No.: S000345
Unit
Description
Quantity
Total
Price
(RM)
(RM)
1.
School Shoes SS1201
200
8.00
1,600.00
2.
School Shoes SS1210
200
10.00
2,000.00
3.
Sport Shoes SP2315
50
25.00
1,250.00
Quantity of goods or
extent of the services
supplied
Total amount
payable, excluding
GST
Date of
Tax
Invoice
4,850.00
Discount @ 10%
(485.00)
4,365.00
Add GST @ 6%
261.90
Total Sales
4,626.90
Rate of GST
Total amount of
GST charged
……………………………………………………
KILANG KASUT SEDAP PAKAI SDN.BHD.
Total amount
payable, inclusive of
GST
38
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Simplified Tax Invoice
119. Under certain circumstances, some registered persons may find it difficult to
issue a full tax invoice to their customers. If the person encounters such difficulty,
he may apply to the Director General for approval to issue simplified tax invoice
in his business transactions. This invoice can be issued regardless of any amount.
A simplified tax invoice can take the form of an invoice, receipt, voucher or any
other similar document, as long as it contains the particulars approved by the
Director General.
120. For instance, a registered person applies to the Director General to allow him
to omit from the full tax invoice the following prescribed particulars:
(a)
the word “Tax Invoice”,
(b)
the name and address of the recipient; and
(c)
the price and tax for each item to be shown separately.
121. In this case, the Director General may allow such invoice to be issued by the
registered person provided the invoice contains the following particulars:
(a)
the name, address and GST identification number of the supplier;
(b)
the date of issuance of the tax invoice;
(c)
the tax invoice serial number;
(d)
a description sufficient to identify the goods or services supplied;
(e)
for each description, distinguish the type of supply for zero rate,
standard rate and exempt, the quantity of the goods or the extent of the
services supplied and the amount payable, including tax;
122.
(f)
the total amount payable inclusive of total tax chargeable; and
(g)
the rate of tax and the amount of tax chargeable.
Simplified tax invoice can be used to claim input tax credit. However, if this
invoice does not have the name and address of the recipient, the maximum amount
of input tax that can be claimed must not exceed RM30. If the GST amount in the
simplified tax invoice is more than RM30.00 (e.g. RM50.00) and the recipient wants
39
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
to claim the full amount, he has to request for his name and address to be inserted in
the invoice. Example of a simplified tax invoice is shown in Diagram 4.
Diagram 4: Simplified Tax Invoice
Tax Invoice serial
number
Supplier’s name, address and GST
identification number
Tax Invoice No: A00295
COMFORT PARKING SDN. BHD.
GF1-03, Kompleks Beli-Belah,
Jalan Kenangan, 41100 Klang,
Selangor.
(No. ID GST: 003456/2015)
Tel : 03-33498765
Date: 25.6.2015
Date of Tax
Invoice
Total
Description
(RM)
Description of
goods or
services
supplied
Parking Fee – 3 hours @ RM1 per hour
3.12
Rounding Adj.
(0.02)
TOTAL AMOUNT DUE
*3.10
* GST @ 6% included in total
Total amount
payable
inclusive of
GST
RM0.18
Total amount of
GST charged
Rate of GST
40
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Self-billed Invoice
123. Generally, a tax invoice is issued by a supplier. However, in cases where
the value at the time of supply is unknown to the supplier, a self-billed invoice
may be allowed to be issued by a customer (recipient) with the approval of the
Director General. For example, a publisher can adopt a self-billing arrangement
when paying royalties to taxable authors.
124. The issuance of this self-billed invoice by the recipient to himself shall be
subject to the following conditions:
(a)
the value at the time of supply is not known by the supplier;
(b)
the recipient and the supplier are both registered persons;
(c)
the recipient and the supplier agree in writing to a self-billed invoice;
and
(d)
the supplier and the recipient agree that the supplier shall not issue a
tax invoice.
125. Any recipient approved by the Director General to issue self-billed invoice,
shall be subject to the following conditions:
(a)
the document may, with the prior approval of the Director General, be
treated as a tax invoice;
(b)
a copy of any self-billed invoice is provided to the supplier and another
copy is retained by the recipient; and
(c)
in the case where the self-billed invoice is issued before the time of
removal of such goods, or before the time the goods are made
available, or before the time the services are performed, the self-billed
invoice shall be issued with payment.
126. The recipient approved by the Director General to issue a self-billed invoice
shall state the following particulars on the invoice:
(a)
the supplier’s and recipient’s names, addresses and identification
numbers;
41
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(b)
the word ‘self-billed invoice’ in a prominent place;
(c)
the invoice serial number;
(d)
the date of invoice;
(e)
the reference number of Director General’s approval;
(f)
a description sufficient to identify the goods or services supplied;
(g)
for each description, distinguish the type of supply for zero rate,
standard rate and exempt, the quantity of the goods or the extent of the
services supplied and the amount payable, excluding tax;
(h)
any discount offered;
(i)
the total amount payable excluding tax, the rate of tax and the total tax
chargeable to be shown separately;
(j)
the total amount payable inclusive of the total tax chargeable; and
(k)
any amount referred to in subparagraphs (i) and (j), expressed in a
currency, other than Ringgit, shall also be expressed in Ringgit in
accordance with paragraph 5 of the Third Schedule of the GST Act
2014.
Statement of Sales or Invoice Issued by Auctioneer
127. Supplies made by auctioneer acting in his own name are regarded as supplies
made by the principal or owner of the goods put up for auction. If the principal is a
taxable person, the auctioneer whether or not he is a taxable person shall be liable
to account for output tax on any goods which have been auctioned on the principal’s
behalf. In this situation, the auctioneer whether he is registered or not, has to issue a
billing document to the buyer in the form of statement of sales or invoice which may
be regarded as a tax invoice based on the tax inclusive principle. The statement of
sale or invoice should contain the following details:
(a)
auctioneer’s name, address and business registration number;
(b)
buyer’s name and address
(c)
date of issue;
42
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(d)
serial number of invoice
(e)
the description sufficient to identify the goods or services supplied;
(f)
the total amount payable inclusive of GST;
(g)
total tax chargeable; and
(h)
the word “Price payable inclusive of GST”.
Lost or Misplaced Tax Invoices
128. If a tax invoice is lost or misplaced, a recipient may request the supplier to
issue a replacement copy and certify it as a certified true copy of the tax invoice
which was lost or misplaced. The tax invoice must be clearly marked “COPY” by the
supplier. This procedure is necessary to enable the recipient to meet the
documentary requirement for claiming input tax.
Pro forma Invoice
129. A pro forma invoice is not regarded as a tax invoice for GST purpose. A
registered person can only offset his output tax against input tax if he has a proper
tax invoice. If his supplier does not send him a proper tax invoice, then he has to
request for one.
Invoice in a Foreign Currency
130. If a tax invoice is stated in a foreign currency, the following particulars in the
tax invoice have to be converted into Ringgit Malaysia (RM) for GST purposes:(a)
the amount payable before GST;
(b)
the total GST chargeable; and
(c)
the total amount payable (including GST).
131. The foreign currency is converted into Ringgit Malaysia by using selling
rate of exchange prevailing in Malaysia at the time when the supply takes place. In
the case of importation, the importer can use the exchange rates published by
Customs which are updated every week.
43
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Other Circumstances
132. There are some situations where a tax invoice is not required to be issued
while in some situations, a tax invoice must not be issued. In the case of mixed
supplies (standard rated supplies and exempt supplies), a tax invoice is required
to be issued. In the case of mixed supplies where it involves a zero rated supply and
an exempt supply, a tax invoice may not require to be issued.
(a)
Zero rated supplies and supplies without consideration
A tax invoice is not required to be issued when a registered person
makes a zero rated supply or a supply with no consideration.
(b)
Relief for Second-hand Goods (Margin Scheme) and Imported Services
A tax invoice must not be issued for a supply of second-hand goods for
which tax is charged on the excess between the consideration for
which the goods are supplied and acquired (margin). Similarly, a tax
invoice must not be issued for any supply of imported services.
(c)
Mixed Supplies
There are situations where a supplier may make exempt, zero-rated
and/or standard rated supplies simultaneously to the same customer
and then issues one invoice to document such transactions. When
such situation occurs, the tax invoice issued must clearly distinguish
the taxability of the supplies (exempt, zero-rated or standard rated)
made and indicate separately the applicable values and the GST rate
charged (if any) on each supply.
Record Keeping
133. It is a requirement that a taxable person keeps records which affects his
liability to GST for seven (7) years and the records must be in English or national
language. The records must be kept in Malaysia unless otherwise approved by the
Director General. The required records are:(a)
all records of goods and services that a person supplies or receives
in the course of his business;
44
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(b)
all records of goods imported; and
(c)
any other supporting document such as contracts and price quotation
to show his liability to GST.
134. The above records can take the form of:(a)
physical books of accounts and paper based source documents
including computer printouts;
(b)
electronic records; and/or
(c)
all details of the accounting system including charts, codes of
accounts, system and program documentation and specification and
instruction manuals.
135. Certain non-taxable persons are also required to keep records and these nontaxable persons are as follows:
(a)
any person who has ceased to be a taxable person and has made or
may make bad debt relief claim;
(b)
imported services supplied to a recipient who is a non-taxable person
for the purposes of business;
(c)
goods of a taxable person sold by a non-taxable person to recover any
debt owed by the taxable person;
(d)
supply by auctioneer who is a non-taxable person, in his own name on
behalf of the principal/owner of the goods who is a taxable person; and
(e)
a non-taxable person in Malaysia who receives goods in the course or
furtherance of business, from an Approved Toll Manufacturer.
136. Where records are kept in an electronically readable form, such records
must be readily accessible and easily converted into writing. Where records is
initially kept in manual form but subsequently converted into electronic form, the
records is required to be retained in its original form prior to its conversion. For
further information on this section please refer to GST Guide on Tax Invoice and
Record Keeping.
45
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
CREDITS NOTES, DEBIT NOTES, BAD DEBT RELIEF AND ADJUSTMENTS
137. This section explains how a person would adjust his account when there is
a change in the consideration on a supply or a cancellation in the supply. It also
explains the procedures to claim bad debt relief when payments cannot be collected.
Credit Notes and Debit Notes
138. A credit note is issued when the amount previously invoiced is reduced or a
transaction is cancelled for whatever reason. On the other hand, a debit note is
issued when the amount previously invoiced is increased for the same supply.
139. Credit and debit notes therefore provide a mechanism to allow a trader to
make the necessary GST adjustments in the account to reflect the actual GST
liability in his return.
Adjustments Due to Credit Notes Issued
140. When a credit note is issued and output tax has been paid, the taxable
person must reduce his output tax for the corresponding amount stated in the
credit note in the return for the taxable period in which the credit note was issued.
The customer who is a registered person on the other hand, must reduce his
input tax in the return for the taxable period in which he received the credit note if
he has claimed the input tax.
Adjustments Due to Debit Notes
141. When a taxable person issues a debit note and output tax has been paid,
he must increase his output tax for the corresponding amount stated in the debit
note in the return for the taxable period in which the debit note was issued. The
customer who is a registered person on the other hand, can increase his input tax
in the return for the taxable period in which he received the debit note if he has
claimed the input tax.
Issuance of Credit and Debit Notes
142. A taxable person is required to issue a credit note or a debit note after a
46
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
tax invoice has been issued and there is any change in the consideration on a
supply or any cancellation in the supply. A credit note or a debit note must contain
the following particulars:(a)
the words “credit note” or “debit note” in a prominent place;
(b)
the serial number and date of issue;
(c)
name, address and identification number of the supplier;
(d)
the name and address of the of the person to whom the goods or
services are supplied;
(e)
the reason for its issue;
(f)
a description which identifies the supply of goods or services;
(g)
the quantity and amount for each supply;
(h)
the total amount excluding tax;
(i)
the rate and amount of tax; and
(j)
the number and date of the original tax invoice.
Bad Debt Relief
143. A taxable person is entitled to a relief for bad debt on the whole or any part
of the tax paid by him in respect of a taxable supply if:(a)
the person has not received any payment in respect of the taxable
supply from the debtor six months from the date of supply;
(b)
t h e debtor has become insolvent before the period of six months has
elapsed; and
(c)
sufficient efforts have been made by him to recover the debt.
144. The date of supply refers to the date of invoice issued. A person is entitled to
claim bad debt relief even though the bad debt is not written off from h i s books.
It is sufficient if he has some documentary proof to show that some efforts had
been made to recover the debt. Example of such efforts includes a reminder letter
or notice to the customer.
47
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Adjustment by Supplier
145. The supplier who is a registered person can claim the bad debt relief as his
input tax in the return for the taxable period in which the bad debts are given relief.
The amount of bad debt relief must also be declared in the appropriate box in the
return for the immediate taxable period after the expiry of six (6) months.
146. In the case of a debtor becoming insolvent before the period of six (6) months
has elapsed, the amount of bad debt relief must be declared in the appropriate box
in the return for the immediate taxable period after the date the debtor has been
declared insolvent.
147. If the supplier fails to claim the amount of the bad debt relief within the
stipulated period, he must make an application to the Director General to make a
claim within six (6) years from the date of supply.
148. If only part payment has been received by the supplier, then the bad debt
relief is only restricted to the balance payment that has not been received. The
amount of input tax to be claimed is computed as follows:-
A1 x C
B
where
A1
is the payment not received in respect of the taxable
supply;
B
is the consideration for the taxable supply; and
C
is the tax due and payable on the taxable supply.
149. Where a claim for bad debt relief has been made by a taxable person and
any payment in respect of the taxable supply for which the tax is payable is
subsequently received by the person, the person shall repay to the Director General
as his deemed output tax an amount which is calculated as follows:-
48
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
A2 x C
B
where
A2
is the payment received in respect of the taxable supply;
B
is the consideration for the taxable supply; and
C
is the tax due and payable on the taxable supply.
Adjustment by Customer
150. When a taxable person fails to pay his supplier the consideration or any part
thereof for the supply of any goods or services made by his supplier to him at the
end of the period of six (6) months following the date of invoice issued, he shall
deem the amount of the relevant input tax he first credited or refunded to him (the
input tax that corresponds to the payment that has not been made), as his output
tax and make an adjustment in his return for the immediate taxable period after the
expiry of the six (6) months by increasing his output tax.
151. When the taxable person (debtor) subsequently pays his debt, he claims
the GST paid as his input tax in the taxable period in which the payment is made. If
the debtor fails to claim the amount of the input tax within the stipulated period, he
must make an application to the Director General to make a claim within six (6) years
from the date of supply.
TAXABLE PERIOD, ACCOUNTING BASIS, FURNISHING OF RETURNS AND
PAYMENT OF TAX
152. This section explains the assignment of taxable period and requirements
to furnish returns and pay tax. It also covers the furnishing of declaration by nontaxable persons for the payment of GST.
Taxable Period
153. Every taxable person will be assigned a taxable period for which he is
required to account for tax in his return to be furnished to the Director General. The
taxable period shall be a period of one month or three months ending on the last
day of any month of any calendar year. The assignment of a taxable period is
49
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
determined by the annual turnover of all taxable supplies of a taxable person. Annual
turnover is the GST-exclusive value of the supplies which a business makes in a 12month period. In calculating the annual turnover it can be on the present annual
turnover which includes the value of taxable supplies made in the current month plus
value of taxable supplies made in the preceding 11 months. This is called the
historical method. The second way of calculating is on the projected annual turnover
which includes the value of supplies made in the current month plus the value of
supplies likely to be made in the next 11 months. This is called the future method.
154. The assignment of taxable period is as follows:
Annual turnover of all taxable supplies Taxable period assigned
Less than five million ringgit
period of three months (quarterly)
Five million ringgit or more
period of one month
Example 14
As at 1 April 2015, expected total taxable supplies of Acura Engineering Sdn
Bhd is RM400,000. However, on 10 September 2015, a contract was signed
by Acura to supply measuring tools for an amount of RM 250,000 from
October to December 2015. Hence, Acura is liable to register for GST by the
end of September 2015 and needs to apply to be registered within twentyeight days from the end of September 2015. His registration date will be 1
November 2015 and he will be assigned a quarterly taxable period.
155. A taxable person may apply in writing to the Director General requesting for a
taxable period other than the period assigned to him upon registration and the
Director General may consider varying the length of taxable period or the date on
which any taxable period begins or ends.
Accounting Basis
156. There are two (2) types of accounting basis namely:(a)
Invoice Basis
Generally, every taxable person shall account for GST on an invoice
50
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
basis. Under invoice basis, a taxable person shall:
(i)
account for output tax on the date in which tax becomes due
(time of supply); and
(ii)
(b)
claim input tax on the date in which he holds a valid tax invoice.
Payment Basis
The
Director
General
may
allow
a
registered
person
upon
application in writing to account for tax on a payment basis.
157. Persons approved under payment basis should:(a)
account for output tax on the date in which payment or other
consideration is received; and
(b)
claim input tax on the date in which payment is made or other
consideration is given.
158. Payment basis is applicable only to:(a)
public body; or
(b)
certain group of registered person due to the nature of business and
the nature of the accounting system employed by that person.
159. Some of the persons who are allowed to account on payment basis are
retailers, grocery shops, hair salons and restaurant operators. Payment basis is
not intended for professional services.
160. Approval under payment basis is effective for a period of three years only and
is subject to renewal by the Director General. Upon expiry of the payment basis, a
taxable person has to account for and pay tax on an invoice basis.
161. The Director General may revoke an approval where the approved person
has:(a)
ceased to be a public authority;
(b)
changed his nature of business;
(c)
applied to account for his tax on invoice basis;
51
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(d)
claimed input tax as though he had not been on payment basis; or
(e)
provided any false, misleading or inaccurate declaration or information
in his application for approval.
162. The Director General may also revoke an approval for the protection of
revenue.
163. Where the approval for payment basis has been revoked, a taxable person
has to account for and pay all GST which has not been accounted for and paid in
accordance with payment basis.
164. Where there is a change in accounting basis, the registered person has to
make adjustment of tax and inform the officer of GST regarding the tax payable in
respect of the change in the basis of accounting.
GST Return
165. Every taxable person is required to account for tax in a GST return by
using the Form GST-03.
Obtaining a GST Return Form
166. The GST return form can be obtained through any of these means:(a)
for non e-service users, the taxable person can download and print
the Form GST-03 from the GST portal; or
(b)
make a request for a printed copy of the Form GST-03 from the
nearest GST office.
Last Date to Furnish the GST Return
167. The GST return is required to be furnished to the Director General not later
than the last day of the month following the end of the taxable period.
168. Where a taxable person’s taxable period does not end on the last day of the
month, the GST return should be furnished not later than the last day of the thirty
(30) days period from the end of the varied taxable period.
52
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Submission of GST Return
169. The taxable person can submit the GST return through any of these means:(a)
by submitting electronically;
(b)
by posting to the GST Processing Centre; or
(c)
by furnishing to the nearest GST Office.
170. The GST return should be furnished whether or not there is tax to be paid.
Notice of GST Assessment
171. The Director General may assess the amount of tax including the penalty
due and payable from the taxable person who fails to furnish his return for any
taxable period. The Director General may also assess the amount of tax if the
taxable person fails to account for goods supplied by him or has obtained control of
the goods or imported goods in the course or furtherance of his business by reason
of:
(a)
the goods have been supplied by him;
(b)
the goods are available to be supplied by him;
(c)
the goods have been exported or removed by way of supply; or
(d)
the goods have been lost or destroyed.
A notice of the assessment will be sent to the taxable person in writing.
GST Return Amendment
172. Where a registered person has made an error in declaring the GST return he
can correct the errors/mistakes by making amendments in the return Form GST-03.
For a non-taxable person, the amendment should be made in Form GST-04.
Final GST Return
173. Any taxable person who ceases to be registered has to furnish a final GST
return not later than thirty (30) days from the date he ceased to be registered.
53
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Payment
174. Any taxable person who is required to furnish a GST return must pay to the
Director General the amount of tax due and payable by him.
Last Date to Make Payment
175. Any tax due in respect of a taxable period becomes payable not later than
the last day on which the taxable person is required to furnish the GST return.
Method of Payment
176. Tax payment can be made by:(a)
Electronic fund transfer (EFT);
(b)
Cheques;
(c)
Bank drafts; or
(d)
Money order or postal order.
Place of Payment
177. Any payment can be made:(a)
by posting to the GST Processing Centre;
(b)
online at the designated bank’s portal or at the GST; or
(c)
at designated banks (CIMB, Maybank, Bank Islam, Public Bank, Hong
Leong Bank, RHB Bank).
Time of Payment
178. Any cheque, bank draft, money order or postal order for tax payment is
considered received by the Director General on the date of the amount is duly paid
the Director General i.e. when a cheque is cleared.
179. Any payment made via credit transfer through a designated bank is
considered received when such payment is lodged to the credit of the Director
General.
54
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
GST Declaration and Payment by Non Taxable Person
180. A non-taxable person is liable to account tax in a declaration form by using
the Form GST-04. The declaration must be furnished not later than the last day of
the following month in which the supply is made or treated as taken place.
181. Examples of non-taxable persons who are required to furnish GST
declaration are:(a)
any person who imports services for the purposes of business;
(b)
any agent acting in his own name as an auctioneer; or
(c)
any person approved under the Approved Toll Manufacturer Scheme
as recipient of processed goods from toll manufacturer.
182. Any non-taxable person who is required to furnish GST declaration must pay
the amount of tax due and payable by him not later than the last day on which he is
required to furnish the declaration.
INPUT TAX CREDIT
183. This section provides the guidance on how to claim input tax credit for
businesses.
Input Tax
184. Input tax is the GST incurred by a taxable person on business purchases or
acquisition of goods and services for the purpose of making a taxable supply in the
course or furtherance of business. These business purchases and acquisitions
would include:(a)
goods or services purchased or acquired locally; and
(b)
goods or services imported.
185. Input tax will include any flat rate addition which an approved person under a
flat rate scheme would include in the consideration for any taxable supply of goods
made by him in a prescribed activity under the scheme.
55
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Mechanism to Claim Input Tax
186. Claim for input tax can be made in the return for the taxable period in which
the supply or importation takes place by offsetting against the output tax. A refund
will be made to the claimant if the amount of input tax is more than the amount of
output tax.
187. If input tax is not claimed in the taxable period in which he is supposed to
claim, then such input tax can be claimed within six (6) years after the date of the
supply to or importation by the taxable person.
Allowable Input Tax
188. Input tax incurred on the following supplies is allowed to be claimed:(a)
a taxable supply (standard rated supply or zero rated supply);
(b)
a disregarded supply such as supplies between group members
registered under group registration;
(c)
an incidental exempt supply such as an inter-company loan and loan to
staff;
(d)
a supply given relief; or
(e)
supplies made outside Malaysia which would be taxable supplies if
made in Malaysia.
Criteria for Claiming Input Tax
189. Input tax incurred can be deducted from the output tax under the following
conditions:(a)
The claimant is a taxable person;
(b)
The goods or services are acquired for the purpose of business;
(c)
The goods or services are acquired for the purpose of making taxable
supply;
56
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(d)
The claimant must hold a valid tax invoice in respect of a supply or a
valid customs importation document Customs No. 1 in respect of
importation of goods;
(e)
A full tax invoice must be issued under the name of the claimant. A tax
invoice issued under the name of employees will not be eligible for
input tax credit; and
(f)
The goods or services are not subject to input tax restriction such as
passenger motor vehicle, family benefits and club subscriptions.
Blocked Input Tax
190. Input tax incurred by a taxable person in respect of the following supplies shall
be excluded from any credit under GST:(a)
the supply to or importation by him of a passenger motor car;
(b)
the supply of goods or services relating to repair, maintenance and
refurbishment of a passenger motor car;
(c)
the hiring of a passenger motor car;
(d)
club subscription fee including any joining fee, membership fee,
transfer fee or other fees charged by any club, association, society or
organization established principally for recreational or sporting
purposes or by the transferor of the membership of such club,
association, society or organization as the case may be.;
(e)
any payment or contribution towards any insurance contracts or takaful
certificates--(i)
for indemnifying the taxable person against the cost of medical
treatment to any person;
(ii)
against the cost of medical treatment in which the insured or
participant is any person employed by the taxable person; or
(iii)
against any personal accident in which the insured or participant
is any person employed by the taxable person.
57
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
But does not include any insurance contract or takaful certificate
against any liability which the taxable person may incur under
the Employees’ Social Security Act 1969 and the Workmen’s
Compensation Act 1952 where such expenses is obligatory
under the act or any collective agreement within the meaning of
the Industrial Relations Act 1967;
(f)
any medical expenses incurred in connection with the provision of all
forms of medical treatment to any person employed by a taxable
person but does not include medical expenses incurred under the
Employees’
Social
Security
Act
1969
and
the
Workmen’s
Compensation Act 1952 where such expenses is obligatory under the
act or any collective agreement within the meaning of the Industrial
Relations Act 1967;
(g)
any family benefits including hospitality of any kind provided by the
taxable person for the benefit of any person who is the wife, husband,
child including adopted child in accordance with any written law or
parents of any person employed by the taxable person; and
(h)
entertainment expenses to a person other than employees or existing
customers except entertainment expenses incurred by a person who is
in the business of providing entertainment.
191. A passenger motor car means a motor car which is constructed or adapted for
carrying not more than nine passengers including the driver and the unladed weight
of which does not exceed three thousand kilograms but does not include:
(a)
hire and drive car which is licensed under Land Public Transport Act
2010 and Tourism Vehicle Licensing Act 1999;
(b)
a motor vehicle supplied to or imported by a taxable person for the
purposes of being let on hire or sold by that taxable person who is a
dealer of motor vehicle licensed under the Second-Hand Dealers Act
1946;
58
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
an approved vehicle used for driving instructional purposes by a driving
school or driving institute permitted under Motor Vehicles (Driving
Schools) Rules, 1992;
(d)
a motor car which forms part of the stock in trade of a motor
manufacturer or a motor dealer; or
(e)
any motor car which is used exclusively for the purposes of business as
may approved by the Director General and subject to any condition as
the Director General deems fit to impose.
192. Entertainment expense includes—
(a)
the provision of any food, drink, recreation or hospitality of any kind; or
(b)
the provision of accommodation or travel associated with the provision
of food, drink or recreation;
by a person or an employee of his to anyone in connection with a trade or
business carried on by that person.
193. Employee, in relation to an employment, means:
(a)
the servant, where the relationship of master and servant subsists; or
(b)
where the relationship of master and servant does not subsist, the
holder of the appointment or office which constitutes the employment.
194. Recreation or hospitality would include:
(a)
a trip to a theme park or a recreation centre;
(b)
a stay at a holiday resort;
(c)
tickets to a show or theatre; and
(d)
entry to sporting activities/events
195. Entertainment expenses to family members and potential clients (not existing
clients) are disallowed.
59
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Incidental Exempt Financial Supplies
196. A taxable person is eligible to claim input tax attributable to the following
exempt financial supplies if he is not a financial institution mentioned in the
paragraph below:(a)
the deposit of money;
(b)
the exchange of currency whether effected by the exchange of
currency, bank notes or coin by crediting or debiting accounts or
otherwise;
(c)
the holding of bonds, debentures, notes or other similar instruments
representing
or
evidencing
indebtedness,
whether
secured
or
otherwise;
(d)
the transfer of ownership of securities or derivatives relating to
securities;
(e)
the provision by a taxable person of any loan, advance credit or other
similar facility whether secured or otherwise to his employee or
between connected persons;
(f)
the assignment of or the provision of credit for any trade receivable;
(g)
the holding or redemption of any unit or other similar instruments under
a trust fund; and
(h)
the hedging of any interest rate risk, currency risk, utility price risk,
freight price risk or commodity price risk.
197. The financial institution mentioned in the above paragraph refers to:(a)
bank, investment bank, or any other financial institution licensed under
the Financial Services Act 2013 Islamic Financial Services Act 2013,
Labuan Financial Services and Securities Act 2010 and Labuan Islamic
Financial Services and Securities Act 2010;
(b)
any development financial institution as prescribed under the
Development Financial Institutions Act 2002 or any other written law;
60
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
a moneylender required to be licensed under the Moneylenders Act
1951;
(d)
a person licensed under the Money Services Business Act 2011;
(e)
any insurer or takaful operator licensed under Financial Services Act
2013 Islamic Financial Services Act 2013, Labuan Financial Services
and Securities Act 2010 and Labuan Islamic Financial Services and
Securities Act 2010;
(f)
a holder of Capital Markets Services License or a holder of Capital
Markets Services Representative’s License dealing in securities or
derivatives under the Capital Markets and Services Act, 2007;
(g)
a pawnbroker licensed under the Pawnbrokers Act, 1972 or a
pawnbroker implementing the Islamic pawn broking business in
compliance with Syariah principles;
(h)
person who supplies goods and provides finance under agreement
which expressly stipulates that the property will pass at some time in
the future;
(i)
any company that issues credit card, charge card or debit card or other
payment instruments under the Financial Services Act 2013 Islamic
Financial Services Act 2013; or
(j)
any company that provides any scheme’s assets under the collective
investment scheme in accordance with Capital Markets and Services
Act 2007 including unit trust but excluding real estate investment trust.
Refund of Input Tax
198. The refund of input tax will be made within fourteen (14) working days for
online submission and twenty eight (28) working days for manual submission from
the date the return is received. The whole or any part of any input tax due to a
taxable person in any taxable period may be carried forward to the following or any
subsequent taxable period upon application in writing by the taxable person or under
the Director General’s directive. Taxes, penalty or surcharge which has been
overpaid or erroneously paid by a taxable person may be claimed by amending the
61
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
GST-03 where the over payment occurs or in the case of a non-taxable person, the
claim may be made by amending the GST-04 within six (6) years from the date the
overpayment or erroneous payment occurs.
199. The Director General may withhold the payment of refund if:(a)
the taxable person fails to submit any previous return or furnish
information;
(b)
there is a reasonable ground that the refund is not due to the taxable
person; or
(c)
the taxable person does not comply with any condition imposed by the
Director General.
200. Any refund of input tax credit may be offset against unpaid GST, unpaid sales
tax, unpaid service tax, any penalty payable, any surcharge accruing, any fee, other
moneys payable, excise duty, import and export duties.
Input Tax in Relation to Registration
201. Input tax claim in relation to registration involves the following activities:
(a)
Before April 2015, there is no input tax incurred on acquisitions by any
taxable person. Hence, upon registration for GST, he is not entitled to
any input tax claims. However, any acquisitions where the supply
takes place on or after 1 April 2015 where any payment is received or
any invoice has been issued for such supply before 1 April 2015, the
taxable person is entitled to an input tax claim for such acquisition.
(b)
Pre-Incorporation
Pre-incorporation expenditure is expenses incurred on supplies made
before the incorporation of a business. Examples are secretarial
services, legal services and administrative expenses. These preincorporation expenses are not eligible for input tax credit.
62
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
Pre-Registration
(i)
Services incurred before registration (both voluntary and
mandatory registration including late registration) are not eligible
for input tax credit.
(ii)
However, in the case of goods, the taxable person is entitled to
claim input tax on the goods he holds at the time of registration.
For goods which have been consumed, the GST paid on such
goods is not eligible to be claimed as input tax. Consumed
goods include goods which has been used partially and
incorporated into some other goods.
(iii)
In the case of capital goods (land and building) held on hand, the
taxable person can claim the input tax based on the book value
or open market value whichever is the lower irrespective of when
he acquires the capital goods within 6 years from the date of
registration. In the case of capital goods (other than land and
building), the taxable person can claim the input tax based on
the book value.
(iv)
Input tax incurred cannot be claimed on goods or services that
have been consumed.
(d)
Late Registration
Where a person registers on a date later than the date he should have
been registered, he is entitled to claim input tax incurred on:(i)
goods or services used in making taxable supplies during the
period he should have been registered; and
(ii)
goods (including capital goods) held on hand at the time he is
registered and to be used in making taxable supplies.
Any input tax attributable to the making of taxable supplies made during
the period in which a taxable person should have been registered (up
to a maximum period of six years) can be claimed by him. For further
details on the manner to claim the input tax, please refer to the Guide
on Input Tax Credit.
63
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
If a taxable person fails to claim input tax at the time he is registered,
he is entitled to claim input tax six (6) years from the date he should
have been registered.
(e)
Deregistration
Once a registration has been cancelled, the person cannot claim input
tax on supplies acquired on or after the date of deregistration.
However, he has to account for tax on stocks and capital goods held on
hand as output tax if input tax has been claimed for such goods. For a
mixed supplier where the business asset is used to make an exempt
supply and he ceases business, he is not required to account for GST.
He only accounts for GST if the input tax on the asset is allowed.
Similarly, if he purchases goods from a non-taxable person and he
ceases business, he is also not required to account for GST.
If a person fails to claim any input tax other than the input tax
mentioned in post deregistration, he is still eligible to claim such input
tax after he has been deregistered provided that the claim is made
within one (1) year from the date of deregistration or within a period of
six (6) years from the date of supply whichever is the earlier. He has to
account in the original return in which he fails to claim the input tax.
(f)
Post Deregistration
A person who has been but is no longer a taxable person is eligible to
claim input tax on services related to the deregistration process such as
audit and secretarial fees. Amendments should be made in GST-03 for
any post deregistration claim for the taxable period involved.
Input Tax in Relation to Special Transactions and Special Schemes
202. Input tax claim in relation to special transaction and special schemes are as
follows:
(a)
Transfer of Going Concern
The transfer of business as a going concern from one registered
person to another registered person is not treated as a supply for GST
64
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
purposes. As GST is not chargeable on the supply, there is no input tax
to be claimed by the transferee (purchaser). However, any GST
incurred by both transferor (seller) and transferee which is incidental to
the transfer of going concern such as legal and accounting fees in
carrying out the transfer is eligible for input tax credit.
(b)
Joint Venture
In a joint venture, supplies can be acquired by a venture operator or
venturers. Where a venture operator acquires any supply for the
purpose of the joint venture, he may claim deduction of input tax on that
supply. In the case where a venturer acquires any supply in respect of
the joint venture, he may claim deduction of input tax on that supply.
(c)
Flat Rate Scheme
Under the Flat Rate Scheme, an approved person who carries out
prescribed activities may charge flat rate addition to a registered
person. A registered person (recipient) may claim the flat rate addition
on the taxable supply of goods acquired by him as input tax.
(d)
Capital Markets
Under equities market, a stock broker and his remisier are treated as a
single entity and in futures market, a futures broker and his futures
broker representatives are also treated as a single entity. Any input tax
incurred by remisier or futures broker representative for the purpose of
business
such
as
acquisition
of
laptops,
parking
charges,
telecommunication services and internet services is only claimable by
the stock broker or futures broker as the registration is under their
name. The remisier or futures broker’s representative cannot claim the
input tax incurred by him. In addition, the stock broker or futures broker
may claim any input tax incurred by him for the purpose of business of
making taxable supply.
Input Tax in Relation to Own Use
203. Business assets may be used for the purpose of business and also put to
private use. If a business asset is used for the purpose of business, a registered
65
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
person is allowed to claim input tax on the usage of the asset. However, if the asset
is subsequently put to private use, the registered person is required to account for
GST on the usage of such asset.
(a)
Supply Used by Directors or Staff
Where any input tax is excluded from any GST credit (blocked input
tax), a taxable person is not allowed to claim such input tax. For
example, a company cannot claim input tax incurred on passenger cars
used by its directors or senior managers.
On the other hand, a taxable person is allowed to claim input tax
incurred on the business asset used for making taxable supply if:(i)
input tax on a supply (business asset) is not blocked; and
(ii)
the business asset is used by a director or staff for business and
not for private use.
However, he is required to account GST on the private use of the
business asset.
An example is the usage of a laptop. A company is eligible to claim
input tax on a laptop which is used for making taxable supply but is
required to account GST on the private use of the laptop.
(b)
Integrated Products Used for Making Taxable Supply
Where a taxable person used an integrated product to make another
taxable supply, he is allowed to claim any input tax on supplies used in
making the integrated product. For example, a company can claim
input tax on plastic resins used for making plastic bottles (integrated
product) which are used as containers for oils or mineral water.
(c)
Integrated Products Used for Making Exempt Supply
On the other hand, some businesses may use an integrated product for
making an exempt supply. In such a case, the taxable person is not
allowed to claim any input tax on supplies used for making the
integrated product. For example, a housing developer manufactures
drain culvert (integrated product) which are being used to construct a
66
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
residential house. The input tax on cement and sand is not allowed to
be claimed because the supply of residential house is an exempt
supply.
Input Tax in Relation to Change of Use
204. Generally, input tax is claimable when a taxable person intends to make
taxable supply. A change of use will result if there is a change in the intention or
there is an actual change in use. This will lead to a case of an over deduction or
under deduction of input tax. If there is a change in use, the taxable person shall
make an adjustment to the input tax that has been claimed earlier.
205. Over deduction will occur when the percentage of usage for taxable supply
has decreased. On the other hand, under deduction refers to situation where the
percentage of usage has increased.
(a)
Over deduction
Where a registered person has over deducted input tax as a result of
change of use of goods or services acquired, he is required to make an
adjustment of the over deducted input tax as output tax in the tax return
for the taxable period in which the change of use takes place and shall
repay the tax accordingly.
(b)
Under-deduction
Where a registered person has under deducted input tax as a result of
change of use of goods or services acquired, he is required to make an
adjustment of the input tax under deducted as input tax in the tax return
for the taxable period in which the change of use takes place.
Input Tax in Relation to Accounting Basis
206. Input tax claim in relation to accounting basis is as follows:
(a)
Invoice Basis
Generally, a registered person is required to account for tax on an
invoice basis. Under an invoice basis, a registered person is eligible to
67
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
claim input tax when he receives a tax invoice even though he has not
made any payment in respect of the supply acquired.
(b)
Payment Basis
A registered person can apply to account GST on a payment basis.
Under payment basis, a registered person is eligible to claim input tax
when he has made payment for the supply acquired even though he
has not received any tax invoice.
Change of Accounting Basis
207. Where a change in the accounting basis has been approved by the Director
General, a taxable person is required to make the necessary input tax adjustment
and notify the Director General in the first GST return where the approval to change
the accounting basis occurs.
PARTIAL EXEMPTION
208. This section explains how Partial Exemption is made in respect of input tax
which is attributable to both taxable and exempt supplies.
209. Generally, a taxable person is entitled to claim input tax credit only on inputs
attributable to making taxable supplies. Input tax attributable to exempt supplies or
out of scope supplies are not claimable.
Partial Exemption
210. Partial exemption applies to a taxable person who makes both taxable and
exempt supplies (mixed supplier) where he has to apportion the residual input tax
accordingly. Examples of residual input tax include input tax on rental, utility and
telephone.
2 1 1 . Where input tax is not directly attributed to either taxable or exempt
supplies, such input tax is termed as residual input tax. The amount of residual
input tax that can be claimed is only the proportion that is attributable to taxable
supply. This proportion is determined according to the ratio of the taxable supplies
to the total supplies made by the taxable person in accordance with the formula:
68
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Input
Tax
Taxable Supplies
=
Taxable Supplies
+
Exempt Supplies
X
Residual
Input Tax
where:r
is the recoverable percentage of residual input tax, rounded off to the nearest 2
decimal places
t
is the total value (exclusive of GST) of taxable supplies (including supplies
made outside Malaysia which would be taxable if made in Malaysia, made in
the taxable period.
s
is the total value (exclusive of GST) of taxable supplies (including supplies
made outside Malaysia which would be taxable if made in Malaysia and exempt
supplies, made in the taxable period.
Example 15
ABC Insurance collects premium for general insurance policy amounting to
RM250,000 and life insurance policy RM150,000 for August 2015. During the
taxable period, ABC Insurance pays GST on commission to agents for both
general and life policy for RM17,000 and incurs GST on operating expenses
i.e. office rental for RM3,000.
Input tax claimable during the taxable period is calculated as follows:-
RM250,000
Input
Tax
=
RM250,000 + RM150,000 X
=
RM12,500
RM20,000
A mixed supplier can claim the full amount of the residual input tax incurred if
the amount of exempt supply fulfills the de minimis rule. If he does not
fulfill the de minimis rule, he is required to apportion the residual input tax
incurred accordingly.
Methods of Apportionment
212. Under the standard method of apportionment, the percentage of claimable
69
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
residual input tax for a taxable period is calculated by the above formula. However,
certain supplies such as value of supply of capital goods, imported services
incidental exempt supplies, exempt supply of land for general use, supply made by a
recipient in accordance with the Approved Toll Manufacturer Scheme are excluded
from the standard method.
213. The Director General may direct any taxable person to use another
method of apportionment if the standard method of apportionment does not give him
a fair and equitable recovery of his residual input tax.
214. The taxable person is required to get approval from the Director General to
use alternative method of apportionment. An approval for or a direction to change
the method of apportionment shall take effect from the date specified by the
Director General.
215. Some examples of other methods are:(a)
number of transactions;
(b)
quantity of output;
(c)
floor space;
(d)
man hours used; and
(e)
input cost.
Annual Adjustment
216. A recovery of residual input tax in every taxable period is only provisional.
The proportion recovered may not be reflective due to fluctuations in supplies from
one (1) taxable period to another. To overcome this shortcoming, a mixed supplier
is required to make an annual adjustment so as to ascertain whether there has
been any over-deduction or under-deduction of residual input tax provisionally
deducted over the whole tax year.
De Minimis Rule
217. A taxable person is allowed to claim all of his residual input tax if the total
value of exempt supplies excluding incidental exempt financial supply does not
70
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
exceed:(a)
an average of RM5,000 per month; and
(b)
an amount equal to 5% of the total value of all taxable and exempt
supplies made in that period.
For more detail information on this section please refer to the Specific GST
Guide on Partial Exemption, Apportionment and Annual Adjustment.
CAPITAL GOODS ADJUSTMENT
218. This section explains what Capital Goods Adjustment (CGA) is and when
adjustment is required to be made.
Capital Goods Scheme
219. Generally, a taxable person is eligible to claim input tax credit on all taxable
supply of goods including capital goods acquired in the course or furtherance of his
business. Input tax can be claimed in full if the taxable person is making wholly
taxable supplies. However, if the taxable person is a mixed supplier, he can only
claim the input tax which is attributable to his taxable supplies. In such situation,
Capital Goods Adjustment (CGA) must be used to make adjustments to his initial
input tax claim on a capital item when the capital item is used for making both
taxable and exempt supplies.
Adjustment
220. The initial input tax claim is only provisional. However, adjustment is
necessary if there is a change in the proportion of taxable use for the remaining
adjustment period. The adjustment period for land and building is ten (10) intervals
whereas adjustment for goods other than land and building is limited to five (5)
intervals.
Non applicability of the adjustment
221. The adjustment does not apply in the following cases:-
71
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(a)
when a registered person makes wholly taxable supply;
(b)
when a mixed supplier acquires a capital asset to be used solely for
making taxable supplies;
(c)
when a mixed supplier acquires a capital asset to be used solely for
making exempt supplies;
(d)
when an asset is acquired or imported solely for resale;
(e)
assets acquired are used for non-business purposes;
(f)
assets acquired where input tax claim is blocked such as passenger cars;
(g)
when the value of a capital asset acquired is less than RM100,000
exclusive of tax.
For further details please refer to the GST Guide on Capital Goods Adjustment
(CGA).
REFUND AND REMISSION
222. This section provides an explanation on the types of refund and remission
other than the refund on input tax as in paragraph 198.
Refund
Refund for Overpayment or Erroneous Payment
223. Any person who has overpaid or erroneously paid any tax, penalty,
surcharge, fee or any other money may claim for refund within six (6) years from
the time such overpayment or erroneous payment occurred.
224. Any person who has erroneously paid tax in pursuance of an order that has
ceased to have effect in whole or in part, may claim for refund within one year from
the date the order ceases to have effect. These claims may involve changes in the
rate or type of supply.
225. For refund claim, the person has to submit an application and make
amendments in Form GST-03 or Form GST-04.
72
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Refund for tourist under Tourist Refund Scheme
226. A tourist is entitled to claim a refund on tax paid on certain goods purchased
at approved outlets in Malaysia from an Approved Refund Agent.
227. A tourist is eligible for the GST refund, if he satisfies the following
conditions:(a)
he is neither a citizen nor a permanent resident of Malaysia and he is
holding a valid international passport;
(b)
a foreign diplomat leaving the country after completion of service in
Malaysia and he is in possession of a document from the relevant
diplomatic or consular mission stating that he is departing from
Malaysia;
(c)
he has not, in the 3 months immediately preceding the date of
purchase of the goods, been at any time employed in Malaysia;
(d)
he departs Malaysia by means of air transportation;
(e)
he is not a member of the cabin crew of the aircraft on which he is
departing out of Malaysia;
(f)
he purchased the goods within 3 months before the date of departure;
(g)
he spends RM300 or more at the same approved outlet; and
(h)
the goods are to be brought out of Malaysia to another country as an
accompanied luggage or unaccompanied luggage.
228. Tourists are not allowed to claim refund on the purchase of the following
goods:(a)
wine, spirits, beer and malt liquor;
(b)
tobacco and tobacco products;
(c)
precious metal and gems stone;
(d)
goods which are wholly or partially consumed in Malaysia;
(e)
goods which are absolutely prohibited from export under any written law;
73
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
and
(f)
goods which are not taken out as an accompanied or unaccompanied
luggage.
229. Tourists who are eligible for this refund are required to fill the refund form at
the approved outlet and upon endorsement from Customs, may obtain refund from
the Approved Refund Agent at the prescribed airports as stated below:(a)
Senai International Airport, Johor;
(b)
Kota Kinabalu International Airport, Sabah;
(c)
Kuching International Airport, Sarawak ;
(d)
Kuala Lumpur International Airport, Selangor;
(e)
Kuala Lumpur International Airport 2, Selangor;
(f)
Penang International Airport, Penang;
(g)
Sultan Abdul Aziz Shah Airport, Selangor;
(h)
Sultan Haji Ahmad Shah Airport, Pahang.
230. For further information on procedures and conditions for claiming refund
under the Tourist Refund Scheme, please refer to the GST Guide on Tourist Refund
Scheme.
Remission
Remission by the Minister of Finance
231. The Minister of Finance may remit the whole or any part of the tax due and
payable (including penalty and surcharge) by any person.
232. Application for such remission can be made in writing to the Minister of
Finance. There is no specific form to be filled but the application should provide all
relevant details.
Remission by Director General
233. The Director General may remit the whole or any part of the penalty payable
74
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
or surcharge accrued by any persons where it is just and equitable to do so. Such
application can be made in writing to the Director General with supporting evidence
and documents to substantiate the application.
234. The Director General may also remit tax payable on imported goods lost,
damaged or destroyed by an unavoidable accident and lost through theft
or evaporation while under customs control. Such application can be made to the
relevant customs office.
SPECIAL TREATMENT/TRANSACTIONS
E-Commerce
235. Goods sold through electronic transaction are treated in the same manner as
any goods supplied in a conventional manner. This means that the supplier is
required to charge GST when he supplies the goods.
236. For supply of services, the belonging status of both supplier and recipient will
determine the treatment of the supply. GST is required to be charged on any supply
of services if both supplier and recipient belong in Malaysia. The supplier or recipient
is treated as belonging in Malaysia if he has a Malaysian internet protocol (IP)
address otherwise he is treated as belonging outside Malaysia. For further details,
please refer to the GST Guide on E-Commerce.
Vouchers, Tokens and Stamps
Vouchers/Tokens
237. A vouchers or token entitles the holder to receive goods or services in
accordance with its terms. There are two (2) types of vouchers/tokens:(a)
Monetary – a monetary value is stated on the voucher/token or
embedded in the card as a credit such as phone card.
(b)
Non-monetary – the provision of goods or services is specified on the
voucher/token such as a voucher which entitles the holder to a two (2)
night stay in a hotel.
75
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
238. For monetary vouchers/tokens, GST is chargeable when the vouchers/tokens
are redeemed rather than at the time when the voucher/token is issued. A taxable
person who issues the voucher/token is not required to charge GST on the issuance
unless the consideration for such issuance exceeds its monetary value. In such
case, GST is charged on the excess amount of the monetary value.
239. Discount vouchers are treated as monetary vouchers. When such vouchers
are used to purchase for goods or services, GST is charged on the price after
discount.
240. For non-monetary vouchers/tokens, GST is to be accounted at the time when
the voucher/token is issued. When it is redeemed, no GST is due on the redemption.
241. If a non-monetary voucher/token is not redeemed due to cancellation or upon
expiry, GST on the unredeemed vouchers/tokens can be claimed by the issuer
provided that a credit note is issued to the holder. Adjustments are required to be
made in the GST return.
Stamps (others than postage stamps)
242. Generally, stamps are given free as promotional business strategy. The gift of
stamps is the supply of right to get something in the future and hence it is treated as
not a supply. Stamps are normally given when customers purchase certain products
or services from a retailer where GST is charged on the full value of the supply.
When such stamps are used to redeem for goods or services, the redemption is
subject to GST. The redemption operator has to account for output tax based on the
open market value of the redeemed goods or services.
243. The same treatment applies to goods or services which are redeemed partly
in stamps and partly in money where output tax has to be accounted based on the
open market value of the redeemed goods or services. For further details, please
refer to the GST Guide on Retailing.
Employee Benefits
244. Employee benefits may include any right, privilege, or facility provided free of
charge to employees as stated in the contract of employment. Employee benefits are
76
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
not subject to GST but any input tax incurred is claimable. Examples of employee
benefits include goods given free of charge to employees, interest free loan provided
to employees, leave passage, provision of accommodation and provision of
transport.
245. Where any goods is given free of charge to employees is not stated in the
contract of employment, it is treated as a supply by the employer and is chargeable
to GST if it is a taxable supply. However, GST is not chargeable in the following
cases:(a)
if the supply is a zero-rated supply;
(b)
if the input tax on the supply is not allowed as a credit; or
(c)
if the cost of the supply of goods given to the same employee in the
same year is not more than RM500.
246. Unlike goods, services provided free to employees are regarded as not supply
and hence is not subject to GST.
247. Goods or services acquired and given as employee benefits to employees are
considered as used for the purpose of business and the employers are entitled for
input tax credit.
Societies and Similar Organisations
248. Societies and similar organisations refer to any club-type organization
registered under any written law.
249. The supply of goods or services by any society or similar organization shall
not be treated as a supply if:(a)
the supply to its members is related to its aim and objectives and
available without payment other than a membership subscription and
the value of the supply is nominal; or
(b)
the supply to a donor or sponsor has no commercial value.
77
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
For further details, please refer to the GST Guide on Societies and Similar
Organizations.
Charitable Entities
250. Charitable entities which are established exclusively for charitable purposes
and for the benefit of the community or an appreciably significant part of it.
Charitable entities may be involved in business and non-business activities.
251. All charitable entities are required to be registered and charge GST on their
taxable supplies if:(a)
they carry on business; and
(b)
the total value of taxable supplies within a period of twelve (12) months
made in the course or furtherance of business exceeds RM500,000.
These entities need to pay GST on their acquisition.
252. Private charitable entity for persons with disabilities registered with Social
Welfare Department and private charitable entity registered under the Care Centre
Act 1993 and with the Social Welfare Department are given tax relief when they
acquire certain goods or services for charitable purpose as specified under Goods
and Services Tax (Relief) Order 2014.
Transfer of Business as a Going Concern
253. A transfer of business as going concern (TOGC) is a transfer or sale of
business or part of a business from a taxable person (transferor) to another person
(transferee) who is a taxable person or becomes a taxable person as a result of that
transfer. The business transferred must also be able to operate on its own.
254. TOGC may include the following:(a)
business assets of a taxable person are taken over by another taxable
person due to death;
78
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(b)
a taxable person sells part of his business to another taxable person
who then carries on that business as a going concern.
255. TOGC is a facility provided for both transferor and transferee to alleviate cash
flow problem. The following are some examples of transfers which would not qualify
as a going concern:(a)
sale of assets such as land and building which is not capable of
operating as a business on its own;
(b)
transfer of shares in a limited company from one person to another
where the asset still belong to the limited company and thus there is no
change in the ownership of the asset.
256. TOGC is treated as neither a supply of goods nor a supply of services. Thus,
there is no GST charged and payable on such transfer.
257. A transfer of business assets can only be regarded as a TOGC when certain
conditions are satisfied as follows:(a)
the transferor must be a GST registered person at the time of the
transfer and the transferee is a taxable person or by virtue of this
transfer becomes a taxable person;
(b)
the business transferred must be going concern at the time of the
transfer;
(c)
the transferee must use the transferred assets to carry on with the
same kind of business of the transferor; and
(d)
where only part of the business is transferred, it must be capable of
operating on its own.
258. The general provisions under Capital Goods Adjustment are applicable to a
TOGC. This means that when any capital item which falls within the Capital Goods
Adjustment is transferred as a going concern, the transferee is obliged to continue
with the adjustment on the transferred capital item for the remaining adjustment
periods. For further details, please refer to the GST Guide on TOGC and Capital
Goods Adjustment.
79
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Joint Venture Under Production Sharing Contract
259. A joint venture (JV) under the Production Sharing Contract (PSC) may be
approved for registration as a joint venture for GST purposes.
260. Venturers in a JV will nominate one of the venturers as the venture operator to
make acquisitions and supplies on behalf of the JV. Alternatively, the venturers may
appoint a joint operating company (JOC) which is not a venturer to the JV to be the
venture operator to manage the JV.
261. The GST joint venture treatment requires that:(a)
all venturers in a PSC must be registered persons before the JV can be
registered in the name of the venture operator or JOC;
(b)
the venture operator shall maintain a separate account for the JV;
(c)
taxable supply of goods or services made between a venturer and the
venture operator for the purposes of carrying on the business of the JV
shall be disregarded;
(d)
the venturers can claim the deduction of input tax on acquisitions made
by them for the JV;
(e)
the venture operator can claim the deduction of input tax on
acquisitions made by him for the JV;
(f)
venturers of the JV under the PSC are to account and pay for the
output tax on the supplies made from their shares of the benefits of the
JV;
(g)
taxable supplies made between venturers are standard rated;
(h)
any activity which is outsourced to a third party shall be taken as an
activity undertaken and managed by the third party and not an activity
undertaken and managed by the JV;
(i)
all venturers of the JV shall be liable jointly and severally for any tax
due from venture operator.
For more details, please refer to the GST Guide on Petroleum Upstream.
80
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Repossession
262. In any hire purchase arrangement, goods are usually repossessed if the buyer
defaults in his payment. The lender or financier who provided a loan or credit facility
will normally appoint a repossession agent to repossess or take back the goods from
the buyer to recover the loan.
263. Usually, the goods repossessed would be sold by the lender or financier
through an auction. Whether the sale from the repossessed goods is subject to GST
will depend on the status of the owner (hirer), as follow:(a)
If the owner of the goods is a registered person, the financier or the
seller must then account for the GST (output tax) irrespective of
whether he is GST registered or not;
(b)
If the owner of the goods is not a registered person, the financier or the
seller need not account for the GST (output tax).
264. If the repossession agent is a registered person, he must account for the GST
on any fee or commission that be charged for the services he provided to the
financier. For further details, please refer to the GST Guide on Repossession.
Auctioneer
265. In an auction sale, the auctioneer normally acts as an agent to sell the goods
on behalf of the owner or financier known as principal. The principal has to account
for GST on the sale while the auctioneer has to account GST on his commission or
fee if he is a registered person.
266. However, an auctioneer could also act in his own name without disclosing the
identity of his principal. In such a case, an auctioneer irrespective of whether he is a
registered person or not, is required to charge and account for GST on the sale of
goods belonging to his principal if his principal is a taxable person. However, the
supply of goods made by the principal to the auctioneer is disregarded.
267. Auctions should be conducted on a GST-inclusive basis. It should be stated at
the beginning of the auction, so that the bidders know their bids include GST. For
further details, please refer to the GST Guide on Auctioneer.
81
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
Agent
268. Generally, an agent is an intermediary who is authorized by a party to act on
that party’s behalf in arranging supplies of goods or services. The supplies that an
agent arranges are actually made by or to the party he represents (his principal). The
agent only facilitates the transaction and receives commission from his principal as a
consideration for the service he provides.
269. An agent is liable to account for GST on the supply of services that he made
to his principal if he is a registered person. The same treatment applies for any
supply arranged by the agent on behalf of his principal. Such supply is made by his
principal and not by him. Thus, the principal is liable to account for GST on the
supply.
270. An agent can act not only on behalf of a local principal but also on behalf of a
principal who does not belong in Malaysia. In such case, the agent shall be made
responsible and accountable for tax liabilities on behalf of the principal even though
the supply is made by the principal who does not belong in Malaysia provided that
the agent is appointed by his principal and supply made by his principal shall not
include any supply made by the agent in his own name.
271. If an agent is acting on behalf of a principal who is not a taxable person
(includes a person who does not belong in Malaysia), any goods imported and
supplied by the agent and in his name, shall be deemed to be imported and supplied
by the agent if he is a taxable person. However, if the importation is in the principal’s
name but cleared by the agent, the importation is made by the principal. The
principal who is not a taxable person is not eligible to claim the GST he paid on his
importation.
272. An agent who acts in his own name for any supply of goods or services that
he makes will be treated as a normal taxable person and hence normal GST rules
apply to him. For further details, please refer this to the GST Guide on Agent.
Relief for Second-Hand Goods
273. Under normal rules, GST is chargeable on the full value of goods supplied
82
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
irrespective of whether the goods are new or used.
274. However, there are situations where this rule does not apply. For prescribed
second hand goods, a taxable person may charge GST on the excess as shown
Excess = X – Y
below:where
X = the consideration for which the goods are supplied; and
Y = the consideration for which the goods were acquired.
If there is no excess, no GST is chargeable. The supply of second hand goods by an
approved person under this scheme is relieved from charging tax on his supply
except on the excess amount which shall be deemed to be GST inclusive if no tax
was chargeable on the previous supply of goods acquired by him.
275. Goods eligible for relief for second-hand goods are used motor vehicle
whether or not such motor vehicle was acquired before or after tax was chargeable
at the time of supply or importation.
276. Prior approval to use this scheme must be obtained from the Director General.
For further details, please refer to the GST Guide on Relief for Second-Hand Goods
(Margin Scheme).
Warehousing Scheme
277. Under the GST system, goods are subject to GST upon importation. The
payment of GST by importers at the point of importation would cause difficulties in
terms of cash flow as they have to pay the tax upfront. Thus, a special scheme
known as a warehousing scheme is introduced to alleviate the cash flow problem.
Under this scheme, GST is suspended on all goods imported and deposited into a
warehouse.
278. Any person who imports goods and deposits the goods into a warehouse is
eligible for this scheme. The term ‘warehouse’ means –
(a)
any customs warehouse;
(b)
any licensed warehouse;
83
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
duty free shops; or
(d)
any inland clearance depot,
which has the meaning as assigned to it in section 2 of the Customs Act 1967.
279. Under warehousing scheme, if there is more than one supply (for imported
goods) within a warehouse, then only the last supply is subject to GST. The last
supply is subject to GST because it is treated as taking place at the duty point. The
value of such supply shall be treated as including any duties (whether customs duty
or excise duty or both, if any). The GST on the supply shall be payable at the duty
point together with the duties, if any. The intermediate supplies of goods within the
warehouse shall be disregarded for GST purposes. However, supply of goods and
services consumed in the warehouse are subject to GST. For further details, please
refer to the GST Guide on Warehousing Scheme.
Flat Rate Scheme
280. Flat Rate Scheme is a scheme that allows any person who is not liable to be
registered and is carrying on a business involving the prescribed activities such as
crop production, livestock and fishery to recover the embedded GST on his
purchases.
281. Any person approved to use this scheme is subject to the following
conditions:(a)
may charge a prescribed flat rate addition on the taxable supply
including zero-rated supply that he made to any registered person;
(b)
must issue invoice and state clearly particulars of the prescribed
activities if he charging a flat rate addition to the registered buyer;
(c)
shall not claim any input tax incurred on his purchases;
(d)
must submit yearly statement indicating the total sales to the registered
buyer with flat rate addition; and
(e)
subject to an audit as and when required.
282. The approved person is no longer eligible for this scheme when his turnover
84
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
exceeds the prescribed threshold limit and normal GST rules apply to him.
283. The registered buyer is entitled to claim the flat rate addition as his input tax
by using the invoice issued by the person approved to use the Flat Rate Scheme.
For more details, please refer to the GST Guide on Flat Rate Scheme.
Approved Trader Scheme
284. Approved Trader Scheme (ATS) is a scheme which allows any taxable person
to suspend the payment of GST on goods imported at the time of importation. The
GST due on all goods imported during a taxable period needs to be declared in the
taxable period in which the importations took place.
285. A taxable person is eligible to apply for ATS if he is:-(a)
licensed under section 65A of the Customs Act 1967;
(b)
operating in a free industrial zone under paragraph 10(1)(b) of the Free
Zones Act 1990;
(c)
approved
by
the
Director
General
of
Malaysian
Investment
Development Authority to operate an International Procurement Centre
(IPC) and Regional Distribution Centre (RDC);
(d)
a person with annual sales turnover exceeding RM25 million and
making at least 80% zero-rated supplies;
(e)
a person other than a local customer of a foreign supplier, who has
obtained approval to use the Approval Toll Manufacturer Scheme under
section 72 of the Act;
(f)
a person who obtained approval to use the Approval Jeweller Scheme
under section 73 of the Act; or
(g)
a person who is or belongs to class of persons so determined by the
Minister.
For further details, please refer to the GST Guide on Approval Trader Scheme.
Approved Toll Manufacturer Scheme
85
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
286. Approved Toll Manufacturer Scheme (ATMS) is a scheme which allows any
taxable person (toll manufacturer) approved under the ATMS to disregard any value
added activity (supply of contract services) on the goods belonging to a person who
does not belong in Malaysia (overseas principal). Examples of value added activity
may include treatment or processing of goods. There is no GST liability when the
treated or processed goods are sent back by the toll manufacturer to the overseas
principal (goods are exported).
287. Any delivery of the treated or processed goods by the toll manufacturer to a
local customer of an overseas principal is not a supply The GST on the goods
supplied by the oversea principal to the local customer shall be accounted by the
local customer by way of recipient accounting. Thus, the local customer whether or
not he is a registered person has to account and pay for the tax as if he had himself
supplied and acquired the goods.
288. A taxable person is eligible to apply for ATMS if he satisfies the Director
General that:(a)
the value of supplies comprising the treatment or processing of goods
for and to a person who belongs in a country other than Malaysia is
RM2 million or more per annum; and
(b)
he must export at least 80% of the finished goods.
For further details, please refer to the GST Guide on Approved Toll Manufacturer
Scheme.
Approved Jeweller Scheme
289. A jewellery manufacturer registered under GST is required to pay tax on the
precious metal such as gold, platinum and silver. Such high value precious metals
are sold in ingots or bars and may cause significant cash flow impact to the jewellery
manufacturer. Approved Jeweller Scheme (AJS) is introduced to alleviate cash flow
problem faced by jewellery manufacturer. However, the use of this scheme is subject
to approval from the Director General.
290. Precious metal under this scheme is restricted to gold (99.5% purity), silver
86
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(99.9% purity) and platinum (99.9% purity). Under the GST Act, tax on any supply of
prescribed precious metals to a jewellery manufacturer (approved person) under the
AJS will become the liability of the manufacturer and not the supplier. Hence, the
supplier does not have to account for output tax on such supply. On the other hand,
the approved person shall account for payment of GST on the supply by way of
“recipient self-accounting”.
291. Under the concept of “recipient self-accounting”, the approved person will
account for output tax on the supply of precious metals that he acquired locally as
though he had himself supplied the goods in the furtherance of a business. He then
nets off the output tax payable with the corresponding deemed input tax credits. In
this manner, the approved person does not have to pay GST upfront on acquisition
of prescribed precious metals.
292. When such precious metals are subsequently manufactured into finished
goods and supplied as jewellery to the local market, the approved person would
account for output tax. If such finished goods are exported, the supply is zero-rated.
For further details, please refer to the GST Guide on Approved Jeweller Scheme.
Capital Markets
293. For holders of Capital Market Services Representative’s License to trade in
Bursa Saham Malaysia, they have to be attached to some holders of Capital Market
Services License in Malaysia. For GST purposes, the holder of Capital Market
Services Representative’s License and the holder of Capital Market Services
License are treated as a single entity. The registration will be in the name of the
holder of Capital Market Services License who is regarded as lead member.
294. Any supply by or to the holder of Capital Market Services Representative’s
License is treated as a supply by or to the lead member. As lead member, he is
required to charge and account GST on all brokerage commissions charged
irrespective the turnover of the holder of Capital Market Services Representative’s
License.
295. Intra supplies between the holders of Capital Market Services License and
holders of Capital Market Services Representative’s License such as dealing system
87
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
rental and office rental are disregarded for GST purposes. This means that the lead
member is not required to charge GST on such supplies made to the holders of
Capital Market Services Representative’s License.
Disbursement
296. Registered person may incur expenses and subsequently recover the
expenses from their customers. The GST treatment for the recovery of such
expenses depends on whether those expenses are acquired by such registered
person as a principal or an agent.
297. Any recovery of an expense a registered person have “incurred in the course
or furtherance of business” from another party is treated as a reimbursement. The
recovery of the expenses from another party is a separate supply and is subject to
GST. Registered person is acting as a principal in acquiring the goods and services
if he himself contract with the supplier in his own capacity and since these supplies
are “incurred in the course or furtherance of business”.
298. A recovery of a payment the registered person “incurred as agent” for another
party is treated as a disbursement. Such recovery is incurred by a registered person
in his capacity as a paying agent on behalf of another party in order to discharge its
payment obligation. Such registered person does not have the legal obligation to pay
for the goods or services or a party to a contract and discretion to alter the nature or
value of supplies made between his customer and the third party supplier but are
authorized by his customer to make payment to the supplier on his behalf. Since he
is only the paying agent, no supply was made by him. Such recovery of expenses
under disbursement does not constitute a supply and is not subject to GST. As such,
input tax can be claimed on the subsequent reimbursement by the other party.
299. The Payment to the third party will be treated as disbursements if:(a)
The disbursement is made by the person as an agent on behalf of
the client;
(b)
The client actually received the goods or services;
(c)
The client is the person responsible to pay;
88
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(d)
The payment is authorised by the client;
(e)
The client knew that the goods and services paid for is provided by
the third party;
(f)
The payment is itemised;
(g)
The person claims the exact amount from the client; and
(h)
The payment is clearly additional to the supplies the person makes
to the client.
Example 16
Company A engages an event organizer B to help organize its “Majlis
Anugerah Cemerlang”. A contracts with C for the gifts to be given away to the
participants to thank them for their support. A ordered the gifts from Company
C and instructed C to deliver them to B for logistics reasons. C invoiced A and
upon receipt of the goods, B makes the payment for the gifts and
subsequently reimbursement by A. B merely receives and pays for the gifts on
behalf of A. Therefore, B’s recovery of the costs of the gifts from A is a
disbursement and not subject to GST.
Example 17
Customs Duty is levied on dutiable goods imported into Malaysia. In the
course of clearance, freight forwarder AH is engaged by the importer B to pick
up its goods from Customs and paid the duties. The goods are owned and
imported by B. The import declaration is declared under B’s name. It is B’s
obligation to pay tax on its imports and AH is merely acting as an agent in
making the payment on behalf of B. Hence, AH’s recovery from B for the tax
paid is a disbursement and not subject to GST.
Example 18
AA & Co a legal practitioner is asked to conduct the registration of various
documents pertaining to ownership of real property for his client (Yes Sdn
Bhd). He has initially to pay for these services to Land Office on the client’s
behalf. AA &Co therefore issues an itemised invoice to Yes Sdn Bhd, treating
the cost of the registration services as a disbursement and declaring output
tax only on the value of his own services in procuring those. In the course of
89
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
paying this invoice, Yes Sdn Bhd will thus refund AA & Co the cost of the
registration services. Hence, AA recovery of the cost of the registration from
Yes Sdn. Bhd is a disbursement and not subject to GST.
CORPORATE SOCIAL RESPONSIBILITY
300. Any voluntary community project (CP) provided to society by a business to
fulfill a social obligation to improve community well-being that takes into account the
economic, social and environmental aspects without any intention of monetary
benefit from the project. For GST purposes the criteria of CP are as follows:
(a)
The project is provided without consideration;
(b)
The project is made with no requirement by laws or specific industry
regulations;
(c)
The project is made for the benefit of a community at large. The
benefits from the project shall be enjoyed by the community and shall
not be enjoyed wholly by the staff or member of a business and their
families. No staff or member of a business shall use his/her position
and/or authority within the business solely towards furthering his/her
own personal interests and benefits.
(d)
Examples of community projects such as;
(i)
Supply of utility.
A business provides free water and electricity supplies to the
community.
(ii)
Supply of goods and services related to education and health.
A business provides schools and clinics for the community in
which the business is carried out without any charge.
(iii)
Infrastructure projects
A business provides construction of residential buildings, roads,
bridges and community halls.
90
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
GST Treatment On Community Project (CP)
301. To obtain relief from charging GST for community projects to be carried out
and claim for input tax incurred for the projects, a GST registered person has to
apply for approval from the Minister of Finance.
302. If the Minister has given approval for such community projects, the GST
registered person will be granted relief from charging GST on the taxable supplies of
goods provided in carrying out the approved community projects. The business is not
required to charge any GST on any goods supplied for the projects.
303. Any GST registered business who is contributing for the provision of an
approved project, the tax paid on the acquisition attributable to the projects may be
allowed for input tax claim. GST incurred on the acquisition may be treated as for
furtherance of the business and may be off-set with the GST on output tax of the
business.
Example 19
A CSR project by Syarikat Timberland Sdn Bhd (STSB) in providing
educational facility for the community in its logging area is for the
furtherance of the business carried on by STSB and input tax is
allowable;
STSB is a GST registered company whose main business is making taxable
supply of logs. STSB is also providing educational facility to a community
surrounding the logging area, focusing on the community’s better education
for the children in the community. STSB supplies the educational services
without consideration. STSB acquires the asset for the educational facility in
order to provide such facility to the community. The facility is provided
voluntarily without any requirement by laws or industry regulations.
Example 20
Syarikat Bersih Sdn Bhd (SBSB) is providing medical facility for the
community as well as to the staff with a nominal fee charged for the
91
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
facility in the area it operates is not for furtherance of the business
carried on by SBSB and input tax is not allowable;
SBSB is a GST registered company whose main business is making taxable
and exempt supplies of medical services and medicine. SBSB is also
providing the medical services to a community in the area it operates as well
as to its staff. SBSB provides the medical services to the community with
nominal charge as registration fee. SBSB acquires the asset for the medical
services. The facility to the community is provided voluntarily without any
requirement by laws or industry regulations.
Example 21
Syarikat Tenaga Elektrik Bhd (STEB) Sepang in supplying medical
facility to the staff and their family members as well as to the community
surrounding the area it operates with no consideration is for furtherance
of the business carried on by STSB and input tax is allowable;
STEB Sepang is a GST registered company whose main business is making
taxable supply of power. STEB is also providing medical facility to its staff and
community in the area, focusing on the staff’s and community’s better health.
STEB supplies the medical services without consideration. STEB acquires the
asset for the medical facility in order to provide such facility to the staff and the
community. The facility is provided voluntarily without any requirement by laws
or industry regulations.
AUDIT AND ASSESSMENT
304. This section explains the audit process and responsibilities of a taxable
person. It is equally important for both Customs Department and the taxable person
to ensure that the objectives of audit are met successfully.
Objective
305. An audit is a process of examining and verifying on the correctness of GST
returns and taxable person’s overall compliance with the GST legislation. The main
92
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
objective of GST audit is to encourage voluntary compliance of the tax payer. For the
purpose of achieving voluntary compliance, the GST audits carried out periodically
by Customs is also aimed at educating GST taxable persons as well as to create
awareness of their rights and responsibilities under the provisions of the GST
legislations.
Period Covered by Audit
306. Generally, a GST audit may cover a period of three to six years to which the
latest returns relate depending on the type of audit to be carried out. However, the
period to be covered in an audit may be less than three (3) years in some cases. The
audit period may extend beyond six (6) years if the initial findings reveal irregularities
or existence of fraud.
Types of Audit in GST
307. There are several types of audits that will be conducted under GST.
(a)
Desk Audit
Generally, desk audit involves checking and verifying of information on
GST returns to determine the correctness and accuracy of information
declared. Such audits are normally concerned with straightforward
issues.
(b)
Refund Audit
Refund audit is conducted for the purpose of verifying refunds claimed
by taxable persons are true and correct.
(c)
Transaction Audit
Transaction audit is conducted for the purpose of verifying that the
transactions exist and are correctly complied and reported.
(d)
Advisory Audit
Advisory audit is carried out to provide advisory services and tax
education to taxable persons to enable them to fully understand the
requirements of the GST legislations and henceforth encourage
voluntary compliance from them.
93
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(e)
Compliance Audit
Compliance audit is a comprehensive audit conducted on all
transactions to ensure that the taxable persons comply with the GST
legislations.
(f)
Cancellation Audit
This audit is comprehensive audit of all transactions before any
cancellation of GST registration.
(g)
Special Audit
A special audit is specially conducted as determined by the Director
General.
(h)
Large Tax Payer Unit (LTU) Audit
This audit is conducted on the taxable person who has been classified
as a large taxpayer to ensure their full compliance to the GST
legislations.
The selection of audit cases is based by way of risk assessment and
also on information gathered from various sources.
308. Generally, Customs will inform the registered person that an audit is to be
conducted to facilitate the audit process.
Place of Audit
309. All records relating to GST liability should be readily accessible to the auditor.
For this reason, GST audit is normally conducted at the taxable person’s premises
where the records are kept or at a place agreed by the Customs except desk audit
will be held at Customs office.
Responsibilities of Taxable Person
310. The taxable person should extend his fullest cooperation to the auditor
throughout the audit. During the course of an audit, the audit officer should be
allowed to examine all business records including records kept electronically and
physically inspect stocks and equipment’s for the purpose of the GST liability
94
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
verification. The GST legislation requires the taxable person to keep full and true
records for a period seven (7) years. All records which relate to supplies made and
received by the taxable person must be made available to the auditor. These
include:(a)
tax invoice, receipts, credit notes and debit notes;
(b)
export, import declarations, bills of lading and other shipping
documents;
(c)
payment documents, including bank documents;
(d)
ledgers, cash book, journals;
(e)
adjustment records such as bad debt adjustment
(f)
accounting charts, access codes, system instruction manuals;
(g)
contract/sales agreements
(h)
debtors and creditors list;
(i)
stock sheets and control list;
(j)
financial statements; and
(k)
any other documents that relate to supplies made or received by the
taxable person or any records that affect the taxable person’s GST
liability.
Assessment
Power of Assessment
311. Under section 43 of the Act, the power to assess will be carried out in the
following situations:(a)
if the taxable person fails to apply to be registered when he has
exceeded the threshold level, does not furnish a return or furnishes a
return that is incomplete or incorrect;
(b)
the Director General of Customs may assess the amount of tax payable
when a refund of tax has been erroneously paid to any person;
95
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(c)
if the taxable person fails to account for the goods acquired or imported
but not supplied or available to be supplied or exported or lost or
destroyed;
(d)
if the taxable person fails to submit a return for the taxable period and
any subsequent taxable period, after assessment has
been made
under paragraph (a) above even though the tax has been paid in full;
(e)
the Director General of Customs deems the assessed amount to be the
correct tax that is due from the taxable person unless the assessment
is subsequently withdrawn or reduced;
(f)
if it appears to the Director General that the amount which ought to be
assessed exceeded the amount which has been assessed; and
(g)
the Director General is allowed to make assessment at any time
(without taking into account the time limit of six years) for fraud cases
or non-compliance done on purpose by or on behalf of any person in
relation to Goods and Services Tax.
312. Results of assessment for the taxable person will be notified in writing as soon
as possible.
Method of Assessment
313. The methods of assessment are as follows:
(a)
Auto Assessment
Auto assessment will be generated by the system and the taxable
person will be issued with a notice of assessment.
(b)
Manual Assessment
Following the conclusion of the audit, details of the findings of the audit
will be discussed with the taxable person. In the event where any short
payment of taxes or wrongful claims of input tax credits is uncovered,
assessment notice will be issued by Customs.
Amount of Tax Due and Payable to the Director General
96
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
314. Amount of tax from this assessment must be paid in full to avoid any punitive
action. If the taxable person disagrees with the assessment, he has the right to
appeal to the Director General on the assessment made.
GST RULINGS
315. There are two (2) types of GST rulings namely, public ruling and advance
ruling.
Public Ruling
316. A public ruling is a ruling made by the Director General and issued to the
public to provide guidance on the interpretation and application of any provision of
the GST Act. The aim is to provide clarity and transparency in the application of the
GST legislation.
317. Any public ruling issued is applicable to any person or class of persons, or any
type of arrangement. Where a ruling has been issued to the public, the Director
General may withdraw either wholly or partially such ruling to facilitate the
implementation of The GST Act.
Advance Ruling
318. An advance ruling is a ruling made by the Director General upon application
by any person to seek ruling on the application of the provisions of the GST Act and
to arrangement for which the advance ruling is sought. The issuance of an advance
ruling aims to ensure clarity and certainty of tax treatment and consistency in the
application of the GST legislations. This will help to promote compliance and
minimize disputes.
319. An application for advance ruling is required to be made in such form and
manner as the Director General may determine and subject to a prescribed fee.
320. When an application for an advance ruling is received, the Director General
will make a ruling sought by the person which will take effect from the date as
specified in the ruling.
97
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
321. A person who has obtained an advance ruling is required to notify in writing to
the Director General the following information:(a)
whether there are material changes made to the arrangement
identified in the advance ruling;
(b)
whether the person accepts the advance ruling and intends to apply
such ruling to the said arrangement; and
(c)
whether the person has entered into or effected the arrangement for
which the advance ruling is sought.
322. Any advance ruling issued for the purpose of any arrangement is final and no
appeal can be lodged against such ruling.
323. Where a provision of the GST Act is amended or repealed which relates to an
advance ruling issued, such ruling shall be treated as not applicable effective from
the date when the provision is amended or repealed.
REVIEW AND APPEAL
324. Review and appeal are processes in the GST system to allow resolution on
decisions disputed. A person may apply first to the Director General for review and
revision of the disputed decision before appealing to the GST Appeal Tribunal
(Tribunal). He can also appeal direct to the Tribunal on any decision made by the
Director General without first going to the Director General for review and revision.
Review and Revision
325. Any person who is aggrieved with any decision made by the Director General
or officer of GST may apply for review and revision of the decision to the Director
General within thirty (30) days from the date of notification of such decision. Upon
receiving such application, the Director General will make a decision within sixty (60)
days or within the time practicable and notify the person.
Appeal
326. Where any person is aggrieved by the decision of the Director General
98
Copyright Reserved © 2015 Royal Malaysian Customs Department
GENERAL GUIDE
As at 16 MARCH 2015
(including decision after review and revision), he may appeal against such decision
to the Tribunal within thirty (30) days from the date of the disputed decision. Any
appeal must be made in a prescribed form together with a prescribed fee.
327. An appeal to the Tribunal can only be made on the matters other than those
matters listed under the Forth Schedule of the GST Act 2014 as below:(a)
any matter which is inherent of a statutory restriction under this Act;
(b)
any direction to treat persons as a single taxable person;
(c)
any refusal of voluntary registration;
(d)
any refusal of group registration;
(e)
any matter relating to reassignment of the taxable period;
(f)
offsetting tax against refund;
(g)
any seizure and selling of any goods for recovery of any amount;
(h)
any refusal of payment by installment;
(i)
any decision to reduce or disallow any refund under which would
unjustly enrich the taxable person;
(j)
any refusal to refund an amount paid by any person;
(k)
any refusal to remit any penalty or surcharge;
(l)
any refusal to approve any application for any scheme;
(m)
any advance ruling made;
(n)
the exercising of enforcement powers;
(o)
the compounding of offences;
(p)
any matter relating to approval of reward by the Director General, and
(q)
any matter relating to special refund
99
Copyright Reserved © 2015 Royal Malaysian Customs Department